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1934 SUPPLEMENT 

CODE OF LAWS 

OF 

SOUTH CAROLINA 



Read "Explanation" preceding page 1. 



EMORY UNIVERSITY 

ATLANTA, GEORGIA 



ILamar School oflatoXibrarjj 




1934 SUPPLEMENT 

TO THE 

CODE OF LAWS 



OF 



SOUTH CAROLINA 

1932 



CONTAINING ALL 

GENERAL LAWS OF 1932, 1933, AND 1934 

WITH FULL ANNOTATIONS 



By 

The Code Commissioner and the Committee on Statutory Laws 

of the General Assembly of the State of South Carolina 



PRINTED UNDER THE DIRECTION OF THE 

JOINT COMMITTEE ON PRINTING 
GENERAL ASSEMBLY OF SOUTH CAROLINA 



Copyright 1934 

for 

The State of South Carolina 

By Furman R. Gressetle 

Code Commissioner 



EXPLANATION 



This supplement to the Code of Laws of South Carolina, 1932, is compiled and 
published as required by section 2118 of the said code. 

All 1932, 1933, and 1934 acts of a general and permanent nature are codified 
in this supplement. For economical reasons some of the said acts are not stated 
in detail, however proper references to such acts are made under sections 
which such acts affect. As a general rule all statewide acts are given in toto. 

To use this supplement we suggest that the general index, volume IV, 1932 
Code, should be first examined and when the required section has been located 
in the 1932 Code, turn to the same section number in this supplement. If there 
has been a change in the laws affecting the said section, the investigator is at 
once made aware of it. As a rule we should say that every time one uses 
the 1932 Code he should check it by turning to the same section number in this 
supplement. If the investigator finds nothing in the 1932 Code on the subject 
in hand he should then use the index of this supplement to discover if the 
point in question has been touched on by entirely new legislation. The stat- 
utes in this supplement are covered exhaustively by the index thereof, but all 
of the notes are not indexed. The searcher in using* the index should first 
consult the particular counties before looking under general titles, if he is 
interested in one or several counties. 

Proposed constitutional amendments are printed in italics. 

This supplement supersedes the 1932 supplement. 



FlJRMAN R. GRESSETTE, 

Code Commissioner. 



John F. Williams, Chairman. 

E. L. Fishburne, Vice-Chairman. 

W. Brantley Harvey 

P. H. McEachin 

J. E. Edens 

R. B. Hildebrand 

Committee on Statutory Laws. 



NOTICE 

This supplement is not official in the sense that the code is, for its purpose is 
to serve as an advance sheet for the 191$ Code. Please report any errors, omis- 
sions, inconsistencies, etc., herein to Furman R. Gressette, Code Commissioner, 
1205 Hampton Street, Columbia, S. C. 



TABLE OF CONTENTS 



Page 

Supplement of Laws 1 

Constitution of South "Carolina 1895 380 

Constitution of United States 389 

Probate Court Rules of South Carolina 390 

Circuit Court Rules of South Carolina 390 

Supreme Court Rules of South Carolina 390 



1 934 Supplement 

Code of Laws of South Carolina 

1932 



§ 29. Printing of Testimony Upon Appeal to Supreme Court. 

Printing of entire record unnecessary 163 S. C, S6, 161 S. E., 331. See also State 
where appeal is based on exceptions to v. Singletary, 167 S. C. 543, 166 S. E. 725. 
judge's charge. Andrew v. Hurst, et al., 

§ 34. May Grant New Trials — Rules. 

Cross Reference. — See note to § 339. out notice of motion or hearing to other 

Motion Over Telephone Without Notice, side held error. Barton v. Scott, 165 S. 0., 

— Granting a new trial on ex parte motion 491, 164 S. E., 129. 

over telephone after case disposed of with- 

§ 35. Change of Venue — When and How Made. 

Joining of Defendant for Purpose of Immaterial Defendants. — Anderson v. 

Securing Jurisdiction. — Anderson v. Bough- Boughman, 167 S. C, 164; 166 S. E., 83. 

man. 167 S. C, 164 ; 166 S. E. S3. Adams Adams v. Fripp, 108 S. C, 234 ; 94 S. E., 109. 
v. Fripp, 108 S. C, 234; 94 S. E., 109. 

Failure to Docket Case. — Court may Motion May be Heard at Chambers. — 

hear motion for change of venue although See Dennis v. McKnight et al., 161 S. C, 

the case has never been docketed. Dennis v. 213. 159 S. E., 557. 
McKnight et al., 161 S. C, 213, 159 S. E., 
557. 

§ 36. Powers of Circuit Judges at Chambers as to Writs, Demurrers, Etc. 

See notes under Section 37. 

§ 37. Powers of Circuit and Special Judges at Chambers — Notice. — 

* * * And Provided, further, That circuit judges shall have the power 

to hear appeals from magistrates' courts and/or municipal courts to the courts 

of general sessions, and the court of common pleas, upon notice herein required 

being given for the hearing of the same. 1933, XXXVIII, 51. 

Change of Venue. — Motion for change of The above proviso was added by 1933/51 

venue may be heard by Circuit Judge at at the end of paragraph L. The section 

Chambers. Dennis v. McKnight et al., 161 otherwise remains unchanged. 
S. C, 213, 159 S. E., 557. 

§ 51. Courts in First Circuit. — The courts of the first judicial circuit of 
South Carolina shall be held as follows: 

(2) Dorchester County. — The court of general sessions for the county of 
Dorchester shall be held at ,St. George on the first Monday in April and the 
[third Monday in October. The court of common pleas for the said county 
shall be held at St. George on the third Monday in April, the third Monday in 



§ 52 1934 Supplement 2 

May and the second Monday in November, the duration of said courts shall 
be for one week each ; and also a court of common pleas at the said place on 
the second Monday in July, without a jury. 1934, XXXVIII, 1260. 
Subsection 2 amended by 1934/1260. 

§ 52. Courts in Second Circuit. — The courts of the second judicial circuit of 
South Carolina shall be held as follows : 

(1) Aiken County. — The court of general sessions for the county of Aiken 
shall be held at Aiken on the fourth Monday in January, two weeks; the first 
Monday in May, two weeks; the first Monday in October, two weeks. The 
court of common pleas for said county of Aiken shall be held at Aiken on the 
fourth Monday in March, three weeks; on the second Monday in June, one 
week; on the second Monday in November, three weeks. 

(2) Bamberg County. — The court of general sessions for Bamberg County 
shall be held at Bamberg on the third Monday of February, one week; on 
the second Monday in September, one week. The court of common pleas for 
said county shall be held at Bamberg on the third Monday in April, two weeks, 
on the second Monday in July, one week and on the fourth Monday in October, 
two weeks. 

(3) Barnwell County. — The court of general sessions for Barnwell County 
shall be held at Barnwell on the fourth Monday in February, one week; the 
fourth Monday in May, one week; the first Monday in December, one week. 
The court of common pleas for said county shall be held at Barnwell the 
second Monday in March, two weeks; the third Monday in June, two weeks; 
the third Monday in September, two weeks. 

(4) Common Pleas During General Sessions. — At any term of the court 
of general sessions for either of said counties, as provided for herein, the 
court of common pleas shall be open for the transaction of any equity business, 
taking of judgment by default, or the hearing of any other matters of a civil 
nature by consent. 1933, XXXVIII, 320. 

§ 53. Courts in Third Circuit. — The courts of the third circuit shall be 
held as follows : 

(1) Clarendon County. — The court of general sessions at Manning, for 
the county of Clarendon, on the fourth Monday in January, one week, the 
third Monday in June, one week, and the second Monday in September, one 
week. The court of common pleas at the same place on the first Monday in 
March, two weeks, the fourth Monday in June one week, and the third Mon- 
day in October, two weeks. 

(2) Lee County. — The court of general sessions at Bishopville, for the 
county of Lee, the first Monday in February, one week, on the second Monday 
in June, one week, and on the first Monday in September, one week. The 
court of common pleas at the same place, on the fourth Monday in March, two 
weeks, and the fourth Monday in November, two weeks : Provided, That no 
jury trial in criminal cases shall be had or no petit jury drawn or summoned 
at the summer term of court. The grand jury of Lee County shall be sum- 
moned to appear at the summer term of court by the sheriff upon the request 
of the solicitor. 

(3) Sumter County. — The court of general sessions at Sumter, for the 
county of Sumter, on the second Monday in February, two weeks, on the first 
Monday in July, one week, and on the first Monday in November, two weeks. 



3 Code of Laws of South Carolina § 54 

The court of common pleas at the same place on the second Monday in Jan- 
uary, two weeks, on the second Monday in April, three weeks, on the second 
Monday in July, one week, on the fourth Monday in September, three weeks, 
and on the second Monday in December, two weeks : Provided, That no jury 
trial of civil cases shall be had at the summer term of common pleas court in 
Sumter County except by agreement of a majority of the bar of said county. 

(4) Williamsburg County. — The court of general sessions at Kingstree, 
for the county of "Williamsburg, on the fourth Monday in February, one week, 
on the first Monday in June, one week, and on the third Monday in Septem- 
ber, one week. The court of common pleas at the same place on the third 
Monday in March, one week, on Wednesday first succeeding the first Monday 
in June, and on the third Monday in November one week : Provided, That no 
jury trial of civil cases shall be had at the summer term except by consent. 
The petit jurors for the first and third terms of the court of general sessions 
shall not be required to attend the first and third terms of the court of com- 
mon pleas, but separate juries shall be drawn and summoned for said courts. 

(5) Separate juries are drawn for the court of general sessions and the 
courts of common pleas for all terms for Sumter County and for the first and 
third terms for Lee and Williamsburg Counties. 

(6) The presiding judge may open the court of general sessions during 
any term herein fixed for the court of common pleas and the grand jury of 
the county in which said court may be sitting, may be summoned and may 
pass upon any bills of indictment handed out by the solicitor of the said 
circuit, and pleas of guilty may be taken at such term of court. 

(7) Should the business of the court of general sessions for any of said 
counties, at any term, be completed or suspended before the time fixed by law 
for the opening of the court of common pleas, the presiding judge shall open 
the court of common pleas for said county, for the trial of all cases and the 
transaction of all business pending therein, except the trial of jury cases, 
which may be tried at such time only by the consent of the parties or their 
attorneys. The courts of common pleas in said counties shall be open at all 
terms of the courts of general sessions for the purpose of rendering judg- 
ments by default and by the consent of the parties, or their attorneys, for the 
trial of such equity cases as may be ready for hearing, for granting orders of 
reference, and other orders of course, and for the purpose of transacting all 
other business of a regular term of the court of common pleas, except trial by 
jury. 1934, XXXVIII, 1466. 

§ 54. Courts in Fourth Circuit. — The regular term of the courts of the 
fourth judicial circuit shall be as follows: 

(a) Courts of General Sessions. — At Chesterfield for Chesterfield County 
on the first Monday in February, the first Monday in June, and the third 
Monday in September; at Bennettsville for Marlboro County on the second 
Monday in February, on the second Monday in June, and the fourth Monday 
in September; at Darlington for Darlington County, on the fourth Monday 
in February, on the third Monday in June, and the first Monday in November ; at 
Dillon for Dillon County, on the second Monday in March, the second Mon- 
day in July, and the fourth Monday in October. 

(b) Courts of Common Pleas. — At Chesterfield for Chesterfield County, 
the third Monday in February, the third Monday in April, the third Mon- 
day in July, the first Monday in September, and the first Monday in October ; 



§ 55 1934 Supplement 4 

at Bennettsville for Marlboro County, the first Monday in March, the fourth 
Monday in April, the fourth Monday in June, the second Monday in Sep- 
tember, and the first Monday in December ; at Darlington for Darlington County 
on the last Monday in January, the third Monday in March, the first Monday 
in July, and the second Monday in October; at Dillon for Dillon County, the 
first Monday in April, the fourth Monday in July, and the second Monday in 
November. 

(c) Time Pleadings, Etc., Are Returnable. — All recognizances, plead- 
ings, notices and papers, whether dated heretofore or hereafter, shall be re- 
turnable and applicable to the terms of the court as fixed by this section, and 
the clerk of the court for each county in the fourth judicial circuit shall give 
two weeks' notice of each and every term of the court in some newspaper 
published in the county, stating the day of the month on which the next 
court will open for the county. 1932, XXXVII, 1213 ; 1934, XXXVIII, 1400. 

§ 55. Courts in Fifth Circuit.— The courts of the fifth judicial circuit of 
South Carolina shall be held as follows : 

(1) Kershaw County. — The court of general sessions for Kershaw County 
shall be held in Camden on the second Monday in February, the first Monday in 
July, the fourth Monday in October; and the court of common pleas for said 
county on the second Monday in March, the third Monday in June, and the 
first Monday in November. 

(2) Richland County. — The courts of general sessions for Richland County 
shall be held in Columbia on the second Monday in January, the third Mon- 
day in April, and the first Monday in June, and the first Tuesday in Septem- 
ber; and the courts of common pleas for said county in the same place on the 
third Monday in February, the fourth Monday in March, the second Monday 
in May, the fourth Monday in September, and the third Monday in November, 
which term of court shall run for three weeks, two weeks of which shall be 
for the disposal of jury matters and the other week, which includes Thanks- 
giving Day, shall be for the disposal of motions, equity matters and any other 
matters not requiring the attendance of a jury. The first Monday in each 
common pleas term shall be for the disposal of matters not requiring the at- 
tendance of a jury, and the jury commissioners shall summons the jurors for 
the first week of each common pleas term for the opening of court on Tuesday 
morning. 1933, XXXVIII, 151; 1934, XXXVIII, 1223. 

Subsection 1 amended by 1934/1223 ; subsection 2 amended by 1933/151. 

§ 56. Courts in Sixth Circuit. — The courts of the sixth judicial circuit of 
South Carolina shall be held as follows: 

(2) Fairfield County. — The court of general sessions at Winnsboro, for 
the county of Fairfield, on the third Monday in February, the second Monday 
in June and the first Monday in September; and the court of common pleas at 
the same place on the second Monday in March, the third Monday in July, and 
the second Monday in October. 1934, XXXVIII, 1254. 

(3) Chester County. — The court of general sessions at Chester, for the 
county of Chester, on the first Monday in January, on the first Monday in 
March, the first Monday in July and the first Monday in October; and the 
court of common pleas at the same place, commencing on the second Monday 
in January, the first Monday after the fourth Monday in March, the third 
Monday in May and on the second Monday after the fourth Monday in Oc- 



5 Code of Laws of South Carolina § 62 

tober, and each term of the court of common pleas shall continue for a term 
of two weeks if so much be necessary. Provided, That at the term of the court 
of general sessions to be held on the first Monday in January only jail cases 
shall be called for trial, but this shall not be construed to prevent the trial 
at such term of persons out on bond who consent thereto. 1933, XXXVIII, 
136; 1934, XXXVIII, 1199, 1254. 

Subsection 2 amended by 1934/1254. Subsection 3 amended by 1933/136; 1934/1199. 

§ 57. Courts in the Seventh Circuit. — The courts of the seventh judicial 
circuit of South Carolina shall be held as follows : 

(1) Cherokee County. — The court of common pleas for Cherokee County 
shall convene at Gaffney on the first Monday of March for two weeks, on the 
first Monday of July for one week, and on the first Monday of November for 
two weeks. The court of general sessions for Cherokee County shall convene at 
Gaffney on the third Monday of March for one week, on the second Monday of 
July for one week, and on the third Monday of November for two weeks. 

(3) Union County. — The court of common pleas for Union County shall 
convene at Union on the second Monday of February for two weeks ; on the 
first Tuesday of May for two weeks ; on the first Tuesday of September for two 
weeks and on the first Tuesday of December for two weeks. 1933, XXXVIII, 
1289 ; 1934, XXXVIII, 1240. 

Subsection 1 amended by 1933/289. Subsection 3, 1934/1240. 

§ 58. Courts in Eighth Circuit. — The courts of the eighth judicial circuit 
of South Carolina shall be held as follows: 

(2) Greenwood County. — The court of general sessions at Greenwood, 
for the county of Greenwood the first Monday in January, the second Mon- 
day in April, the fourth Monday in June and the second Monday in Septem- 
ber; and the court of common pleas at the same place on the first Monday in 
March, the third Monday in April, the first Monday after the fourth Mon- 
day in September and the third Monday in November. 

(3) Laurens County. — The court of general sessions at Laurens, for the 
county of Laurens, on the third Monday in February, the second Monday 
in June, the fourth Monday in September and the second Monday in November ; 
and the court of common pleas, at the same place, on the second Monday in 
March and the second Monday in May, to continue for three weeks, if so much 
be necessary, and on the fourth Monday in October for two weeks if necessary. 
1932, XXXVII, 1390; 1934, XXXVIII, 1446. 

Subsection 2 amended by 1932/1390; Subsection 3 amended by 1934/1446. 

1934/1446. 

§ 62. Terms of Court in Twelfth Circuit. — The courts of the twelfth cir- 
cuit shall be held as follows : 

(1) Horry County. — The court of general sessions at Conway, for the 
county of Horry, on the first Monday in March, for two weeks; on the first 
Monday in June for one week, and on the second Monday in September, for 
two weeks; and the court of common pleas at the same place on the Wednes- 
days succeeding the Mondays herein fixed for the holding of the court of gen- 
eral sessions at said place. 

(3) Florence County. — The court of general sessions at Florence, for the 
county of Florence, on the first Monday in January, one week, on the third 
Monday after the first Monday in March, for two weeks; on the second Mon- 



§ 63 1934 Supplement 6 

day after the first Monday in June for one week, and on the second Monday 
after the third Monday in September, for two weeks : Provided, That at 
the term of court designated to be held on the first Monday in January, there 
shall be no jury trials. 1932, XXXVII, 1375; 1934, XXXVIII, 1242, 1232. 
Subsection 1 amended by 1932/1375. Subsection 3 amended by 1934/1232, 1242. 

§ 63. Courts in Thirteenth Circuit. — The courts of the thirteenth circuit 
shall be held as follows: 

(2) Pickens County. — The court of general sessions at Pickens, for the 
county of Pickens, the third Monday in February, one week ; first Monday in 
June, one week; fourth Monday in September, one week. The court of com- 
mon pleas at Pickens, for the county of Pickens, the fourth Monday in Feb- 
ruary, two weeks; the second Monday in June, one week; the first Monday 
in October, one week. 1932, XXXVII, 1335. 

§ 64. Courts in Fourteenth Circuit. — The courts of the fourteenth judi- 
cial circuit of South Carolina shall be held as follows : 

Colleton County. — The courts of general sessions for the county of Col- 
leton, at Walterboro, on the first Monday in April, for one week ; on the sec- 
ond Monday in June, for one week, and on the third Monday in September, 
for one week. The court of common pleas for said county of Colleton, at 
Walterboro, on the second Monday in April, for one week, on the fourth 
Monday in October, for two (2) weeks; Provided. That at the June term of 
the court of general sessions there shall only be I ried jail cases. 1934, XXXVIII, 
1539. 

§ 64 — 1. Call off Terms of Common Pleas Court Fixed by Statute — 
When. — Kegular terms of the court of common pleas fixed by statute shall 
not be called off by the request of the members of the bar in the county 
where the court is to be held unless at least three-fourths of the resident mem- 
bers of such bar having cases for trial at that time request the same, in 
writing, of the judge who is to preside at such court. 1933, XXXVIII, 264. 

Added by 1934/264. 

§ 66 — 1. Take Consent Jury Verdicts in Civil Actions in General Ses- 
sions Court. — It shall be lawful for juries in the court of general sessions 
to render verdicts by consent of the parties in civil actions and such verdicts 
shall have the same force of law as those so rendered in the court of com- 
mon pleas. 1933, XXXVIII, 16. 

Added by 1933/16. 

§ 69. Special Sessions of Circuit Courts. — * * * (5) Resident 
Judges May Call Special Sessions. — The resident judge of each judicial 
circuit in this state shall have the same right and powers at chambers to or- 
der special terms of the circuit courts (general sessions and common pleas) 
in his circuit at any time during the year as is hereof given to presiding judges ; 
and such courts, when ordered, shall be held by the resident judge unless an- 
other judge is assigned to hold the same by the Chief Justice as hereinbefore 
provided for presiding judges. And such courts, when ordered, shall be gov- 
erned by the same procedure as and subject to all provisions, of this section. 
1934, XXXVIII, 1204. 

Subsection 5 added by 1934/1204. 



7 Code of Laws of South Carolina § 119 

§ 101. Counties Excepted from Chapter. — * * * (a) Provided, That 
sections 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 
96, 97, 98, 99 and 100, in so far as the same shall pertain to or have any ef- 
fect or bearing whatsoever upon the county court of Richland County, as 
now created, constituted, operating, and proceeding under sections 164-181, 
inclusive, or amendments thereto, are hereby repealed. 1934, XXXVIII, 1200. 

Proviso (a) added by 1934/1200. 

§ 103. Jurisdiction. — The said civil court shall have jurisdiction to try 
and determine all civil cases and special proceedings, both at law and in equity, 
where the value of the property in controversy, or the amount claimed, does 
not exceed the sum of four thousand ($4,000.00) dollars, but such jurisdic- 
tion shall not extend to cases where the title to real estate is in question. Pro- 
vided, That no suit shall be brought, commenced or filed in said court unless 
and until the plaintiff shall have made a deposit with the clerk of said court 
to pre-pay the costs of the action, the minimum of which deposit shall be two 
and 50/100 ($2.50) dollars. 1932, XXXVII, 1286; 1934, XXXVIII, 1537. 

Jurisdiction increased from $2,000.00 to diction repealed, 1934/1547. Minimum cost 
$4,000.00 ; provisions further limiting juris- reduced to $2.50 by 1932/1286. 

§ 106. Judge. — There shall be a judge of said civil court who shall be 
an attorney, resident within the jurisdictional limits thereof, with at least 
five years' actual experience in the practice of law, and who shall be commis- 
sioned by the Governor, upon the recommendation of the majority of the mem- 
bers of the bar residing within said jurisdictional limits, said commission to 
become effective upon confirmation by the senate. He shall hold office for four 
years and until his successor has been appointed and has qualified. Said judge, 
before entering upon the duties of his office, shall take the same oath of office 
as required by law of circuit judges and shall be commissioned in the same 
manner as circuit judges. He shall receive as compensation the sum of three 
thousand ($3,000.00) dollars per annum, to be paid in monthly installments 
by the county treasurer upon the warrant of the board of county commissioners. 
The said judge shall be debarred from practice of law in all matters within 
the jurisdiction of said civil court. 1934, XXXVIII, 1537. 

§ 118. County Court in and for Greenville County. — A majority of the 
qualified electors of the county of Greenville having voted at the general elec- 
tion of 1920 in favor of the establishment of a county court in and for said 
county as provided by the act of the general assembly approved February 19, 
1920, a county court is established in and for said county in pursuance of 
the said act of the general assembly with such jurisdiction as is hereinafter 
provided. 1934, XXXVIII, 1486. 

Present section 118 comes from 1934/1486. 

§ 119. Jurisdiction — Appeals from Inferior Courts. — The said county 
court shall have concurrent jurisdiction with the court of common pleas in all 
civil cases and special proceedings, both at law and in equity, where the amount 
demanded in the complaint does not exceed five thousand ($5,000.00) dollars, 
or when the value of the property involved does not exceed five thousand ($5,- 
000.00) dollars. That said court shall have concurrent jurisdiction to hear and 
determine all appeals in civil cases from judgments rendered by magistrate's 
courts; and the proceedings on such appeal shall be the same as is now pro- 
vided for appeal from said last named courts to the courts of common pleas. 
1934, XXXVIII, 1486. 

Present section 119 comes from 1934/1486. 



§ 120 1934 Supplement 8 

§ 120. Assistant to Circuit Solicitor — Appointment — Salary — Term. 

The circuit solicitor shall appoint an assistant in Greenville County who shall 
serve as his assistant at the court of general sessions for Greenville County at 
such salary as may be fixed by the Greenville County delegation ; the said as- 
sistant shall have no definite term of office and shall be removable at will 
by the circuit solicitor. 1934, XXXVIII, 1486. 
Present section 120 comes from 1934/1486. 

§ 121. Court of Record.— The said county court shall be a court of 
record and have a seal inscribed with the words "County Court of Greenville," 
and the same presumption in favor of its jurisdiction and the validity of its 
judgments and decrees shall hold as in case of judgments rendered by the 
circuit court. 1934, XXXVIII, 1486. 

Present section 121 comes from 1934/1486. 

§ 122. Transfer of Causes. — The said county judge shall have jurisdiction 
to remove to the court of common pleas of said county, any case where it may 
appear to his satisfaction that the case or any part thereof is not within the 
jurisdiction of the county court, or any case in which the judge has been of 
counsel, has any personal interest in, or is connected by blood or marriage to, 
any of the parties to the suit. 1934, XXXVIII, 1486. * 

Present section 122 comes from 1934/1486. 

§ 123. Statutes Applicable. — All general laws and statutory provisions 
applicable generally to the circuit courts of this state and trial of cases therein 
shall apply to said county court and to the conduct and trial of cases therein 
where not inconsistent with this article. 1934, XXXVIII, 1486. 

Present section 123 comes from 1934/1486. 

§ 124. Procedure. — The same form of pleadings and the same rules of 
procedure, practice and evidence shall obtain in the county court as is pro- 
vided by law for trial of civil cases in the circuit court where not inconsistent 
with the provisions of this section : Provided, That the pleadings or copies 
thereof in cases for trial before the said court, shall be filed in the clerk 's office, 
as now provided by law for the circuit court, before six o'clock in the after- 
noon of the Wednesday preceding the first day of the next ensuing term of 
the said county court, and the clerk shall forthwith enter the cases upon the 
appropriate calendar. 1934, XXXVIII, 1486. 

Present section 124 comes from 1934/1486. 

§ 125. Juries — Jury Trials. — Where a jury is required by law in the 
trial of civil cases in said court, said jury shall consist of six persons. In all 
actions either party may demand a jury trial in all cases in which trial by jury 
is granted of right under the constitution and laws of this state, but such 
demand must be made on or before the case is called for trial, and the failure 
to make such demand shall be a waiver of said right of trial by jury. 1934, 
XXXVIII, 1466. 

Present section 125 comes from 1934/1486. 

§ 126. Empaneling of Juries. — The empaneling of juries in all civil cases 
in which a jury shall be charged with the trial of any issue shall be according 
to the practice as now established in the court of common pleas, except the list 
of jurors now required by law to be furnished shall consist of twelve, from 
which list each party shall alternately strike until there remain but six, which 
shall constitute the jmy to try the case or issue. 1934, XXXVIII, 1486. 

Present section 126 comes from 1934/1486. 



9 Code of Laws of South Carolina §131 

§ 127. Powers of Judge. — In all cases and special proceedings within 
the jurisdiction of the county court and pending therein the judge of the county 
court shall have the same jurisdiction both in open court and at chambers, 
as is possessed by circuit judges over cases pending in the circuit court over 
which they are presiding, or in the circuits in which they are residents. 1934, 
XXXVIII, 1486. 

Present section 127 comes from 1934/1486. 

§ 128. Appeals. — In all civil actions and special proceedings of which 
said county court shall have jurisdiction, the right of appeal shall be to the 
Supreme Court of the state, in the same manner and pursuant to the same 
rules, practice and procedure as now governs appeals from circuit courts. 1934, 
XXXVIII, 1486. 

Present section 128 comes from 1934/1486. 

§ 129. Terms. — The Greenville County court shall be in session at all 
times, except legal holidays, and have jury trials at all times, except during 
the month of August. The Greenville County judge shall have authority to 
call a court for jury trials at any time, Provided, That the notice as provided 
by law in the court of common pleas has been given. 1934, XXXVIII, 1486. 

Present section 129 comes from 1934/1486. 

§ 130. Jury Commissioners — Drawing and Summoning Jurors — Venires. — 
The board of jury commissioners, as constituted by law in said county for 
the drawing of the jurors for the circuit court, shall constitute the board of 
jury commissioners for the drawing of jurors to attend upon the sessions of 
the county court, and such commissioners shall, upon the order of said court, 
at such time as shall be fixed, from the jury box (whether the same has been 
previously drawn or not) draw a panel of petit jurors, and the clerk of said 
court shall immediately issue to the sheriff a venire containing the names of 
the persons thus drawn as petit jurors, which venire shall be returnable at 
such time as may be named by the said court, and the persons so served shall 
be the jurors for said court, and the law relating to the qualifications, draw- 
ing and summoning of jurors of the circuit court shall apply, except as is herein 
otherwise provided : Provided, That not more than eighteen persons shall be 
drawn and summoned to attend at the same time at any session of the county 
court, unless the court shall otherwise order. Jurors drawn and summoned 
shall appear and attend upon the sessions of the county court for which sum- 
moned until excused or discharged by the judge thereof: Provided, That ser- 
vice as jurors in the county court shall not be held to exempt a juror from ser- 
vices as such in the circuit court in the same year. 1934, XXXVIII, 1486. 

Present section 130 comes from 1934/1486. 

§ 131. Clerk — Records. — The clerk of the circuit court shall be ex officio 
clerk of the county court, and shall keep such calendars, minutes and records 
of the said county court, and the cases pending therein, and attend and per- 
form the duties as the clerk thereof, as is required of him by law as clerk 
of the circuit court. That the cost of the clerk in civil cases in the county 
court shall be the same as those allowed in similar cases in the court of 
common pleas. That the county commissioners of said county shall pro- 
vide all books necessary for keeping records of said court. 1934, XXXVIII, 
1486. 

Present section 131 comes from 1934/1486. 



§ 132 1934 Supplement 10 

§ 132. Sheriff. — The sheriff of the county shall attend upon all sessions 
of the said county court and shall be subject to the orders thereof, and shall 
execute the orders, writs and mandates of the said county court as required 
by law of him in reference to the circuit court. That the costs and fees 
of the sheriff in civil cases in the county court shall be the same as those 
allowed in similar cases in the court of common pleas. 1934, XXXVIII, 1486. 

Present section 132 comes from 1934/1486. 

§ 133. Pay of Jurors and Witnesses. — Jurors in attendance upon the 
sessions of the county court shall receive as compensation for their services 
the same per diem and mileage as is allowed said jurors in the circuit court. 
Witnesses in attendance upon said county court shall receive the same com- 
pensation as witnesses in attendance upon the circuit court. 1934. XXXVIII, 
1486. 

Present section 133 comes from 1934/1486. 

§ 134. Judge — Additional Powers — Term — Appointment — Oath — Salary — 
Removal — Special Judges. — The presiding judge of the county court shall 
possess all the powers in respect to preserving order or punishing for con- 
tempt of court as now possessed by circuit judges. The term of office for 
the county judge shall be four years from the date of the expiration of his 
predecessor's term. Said appointment shall be made by the Governor in 
the following manner: On the first Tuesday in December, 1934, and every 
four (4) years thereafter, the Greenville Bar Association shall assemble in 
the courthouse at an hour to be fixed by the president of the association 
(provided, that if unable to assemble on that day, a meeting shall be held 
thereafter as quickly as possible, due notice being given by the president of 
the association) and shall select from the lawyers of Greenville Bar Associa- 
tion one of their number who shall receive a majority vote of the lawyers 
present. His name shall be immediately transmitted to the chairman of the 
Greenville County delegation for approval or disapproval by the delegation. 
The chairman of said delegation shall forthwith call the delegation to meet 
on the question of approval or disapproval of the nominee of said bar as- 
sociation. If said delegation approves the selection from said association, 
the chairman shall immediately transmit his name to the Governor for ap- 
pointment and the Governor shall thereupon appoint him, his term of of- 
fice commencing on the termination of the office of the present Greenville 
County judge. If said delegation shall disapprove of a nominee from said 
bar association, the chairman of the delegation shall immediately notify the 
president of the bar association to this effect and said association shall be 
called together, at a notice of not less than two days, to select another name 
and transmit to the delegation, and the said delegation shall act on said 
name as in the first instance and so on until a judge has been selected by a 
majority of the bar association and approved by the Greenville County 
delegation. The expression "Greenville County Bar Association" as used 
herein shall mean every lawyer in Greenville County admitted to prac- 
tice in the Supreme Court of this state who has an office in Greenville County 
for the practice of law, but shall not include attorneys who have been ad- 
mitted to practice who are in other lines of business. That the said county 
judge, before entering upon the duties of his office, shall take the same oath 
of office as required by law for circuit judges, and shall be commissioned in 
the same manner as circuit judges. The salary of the county judge shall be 



11 Code op Laws of South Carolina § 148 

three thousand and five hundred ($3,500.00) dollars per annum, to be paid 
by the county in monthly installments; said judge shall not charge on the 
facts, but declare the law only. All vacancies in the office of county judge 
shall be filled by appointment by the Governor in the same manner as provided 
herein for the original appointment. In case of absence or inability of the 
county judge, at the time fixed for holding any term of said court, the Gov- 
ernor may appoint some other suitable person, being an attorney at law, to 
hold said term of court as special county judge. The county judge, as pro- 
vided for in this section, shall not be allowed to practice law in any court 
in Greenville County, but may practice in the probate court, U. S. district 
court and Supreme Court : Provided, That no judge of the county court shall 
appear as counsel for any one in any case transferred from the said county 
court to the court of common pleas, where he has been of counsel or where he 
is interested in the case, however remote. 1934, XXXVIII, 1486. 
This section comes from 1934/1486. 

§ 135. Court Crier and Bailiffs. — The clerk of court of Greenville County, 
South Carolina, is hereby authorized and empowered to employ a court crier 
and two bailiffs for the county court of Greenville County at an expense of 
not exceeding two ($2.00) dollars per day each for each day's service ac- 
tually rendered in said court while the said court is in session. 1934, XXXVIII, 
1486. 

This section comes from 1934/1486. 

§ 136. Stenographer. — The said county judge shall appoint for the said 
county court an official stenographer, who shall attend upon the sessions of 
said court and perform the same duties in connection therewith as are per- 
formed by the circuit stenographer in the circuit court. The said stenographer 
shall receive from the said county the salary of nine hundred ($900.00) dol- 
lars, per annum, to be paid by the county in monthly installments, and in ad- 
dition such fees as provided by law for stenographers in the circuit court. 
1934, XXXVIII, 1486. 

Present section 136 comes from 1934/1486. 

§ 137. Provisions for Holding Court. — The proper officials of Greenville 
County shall make provisions for holding the sessions of said county court. 
1934, XXXVIII, 1486. 

Present section 137 comes from 1934/1486. 

§ 141. County Court in Orangeburg County. — By 193 % Acts, page 1502, 
election will he held in general election during November, 193J/., on abolishing 
county court of Orangeburg. See said act for establishment of master's office 
if court is abolished. 

See section 156, which provides for the connty court of Orangeburg. See § 141. 
circuit solicitor to be the solicitor of the 

§ 142. Judge and Solicitor — * * * (b) County Solicitor. — This sub- 
section repealed by 1933 Acts, page 564. 

§ 145. General Laws Applicable Unless Inconsistent — Entry of Judg- 
ments — Procedure in Minor Criminal Cases. 

See sections 141, 142 and 156. 

§ 148. Jurisdiction of County Judge. 

See § 3685-1 for duties of county judge § § 141, 142, 156, 159. 
when acting as special referee. See also 



§ 152 1934 Supplement 12 






§ 152. Clerk— Costs— Records— Entry of Judgments on Abstract— Index 
ing. 

See sections 141, 4723-1 for compensation of the clerk. 

§ 156. Solicitor— Duties— Inability to Serve. — The circuit solicitor shall 
be the solicitor for the said county court, and who shall receive no compen- 
sation therefor except that provided for him as his salary as circuit solicitor. 
In case of sickness, disability or inability of the circuit solicitor to serve 
for any reason at any term, or in any case, the county judge may appoint 
some attorney to serve in his place. It shall be the duty of the circuit 
solicitor to appear for and represent the State in all criminal cases tried in 
the said county court; he shall prepare and hand out to the grand jury all 
such indictments as may be necessary ; he shall also appear for and represent 
the State in all appeals from the said county court; he shall also appear 
for and represent the State in all appeals in criminal cases from the magis- 
trate's court in the county court. The said circuit solicitor shall also advise 
with and aid the grand jury of the county in its duties, and also the coroner 
or magistrate in inquisitions. 1933, XXXVIII, 564. 

This section was amended by 1933/564. county solicitor and devolved the duties of 
The said 1933 act abolished the office of the said office on the circuit solicitor. 

§ 157. Preparation of Criminal Cases for County Court. 
See sections 141, 142 and 156. 

§ 158. Grand Jury. 

See sections 141, 142 and 156. 

§ 159. Trial of Equity Cases. — In actions on the civil side of court in 

which reference to the county judge may, under the law, now be necessary, 

said actions may be heard and determined by the said county judge, either 

in term time or at chambers, without referring the same, upon testimony 

taken before the said judge ; and likewise in all cases where a jury trial may 

not be necessary or required. All sales to be made by the county judge as 

in cases before the court of common pleas. 1932, XXXVII, 1171. 

By 1932/1171 the office of master for See sections 3685-1 of this supplement. See 
Orangeburg county was abolished, and the also § 141. 
duties thereof devolved on the county judge. 

§ 160. Stenographer. — The circuit court stenographer shall be the stenog- 
rapher for the said county court, and he shall attend upon the sessions of 
the said court and perform the duties in connection therewith as he performs 
in the circuit court, and who shall receive no compensation therefor except 
that provided for him as his salary as circuit court stenographer. The said 
stenographer shall furnish transcripts of the proceedings upon request of 
the parties litigant and shall be entitled to receive as compensation therefor 
a fee of five cents per hundred words for all transcripts so furnished, which 
shall be paid by the litigant requesting the same, except in criminal cases 
where the defendant may satisfy the court that he is unable to pay for such 
transcript, when the same shall be furnished without fee by the court stenog- 
rapher ; and the said stenographer shall write out for the county judge and 
the circuit solicitor without charge such records, excerpts and transcripts as 
they may require. 1933, XXXVIII, 564. 

The duties of county stenographer were 1933/564. See § 141. 
devolved on the circuit stenographer by 

§ 191. Terms. — The county court shall be held on the second Mondays of 
February, March, April, May, July, September and November, and at such 



13 Code of Laws of South Carolina § 206 

other times as the judge or court shall order, and continue for such time as 
is necessary to dispose of the business before the court : Provided, That said 
court shall always be open for the transaction of all such business as can be 
disposed of without a jury ; and Provided, further, That each week may be des- 
ignated for jury trials shall be considered a term, and the county judge may 
designate the time for holding both the civil and criminal terms: Provided, 
further, That whenever the time designated by the county judge for the hold- 
ing of civil or criminal terms shall be insufficient for the trial of all cases be- 
fore the court, said term may be continued into the following week and jurors 
may be held over into the following week. 1932, XXXVII, 1194. 
The last proviso is new, 1932/1193. 

§ 192. Jury Commissioners — Duties — Jurors — Tales Box. — * * *. — Pro- 
vided, "When the business of the court is not completed during the week for 
which jurors are drawn, said jurors may be held for service during the fol- 
lowing week, but such jurors may be excused from service during the second 
week for any good cause appearing to the court, and if so excused, shall not 
be required to report for duty at the next term of court, and vacancies caused 
by excusing jurors from service during the second week shall be filled from 
the tales box. 1932, XXXVII, 1194. 

The above proviso added by 1032/1194. The section is not otherwise changed. 

§ 193. Clerk of Court — Duties — Fees — Judgments. — The clerk of the cir- 
cuit court shall be ex-officio clerk of the county court and shall keep such 
calendars, minutes and records of the said county court, and the cases therein 
pending and attend and perform the duties as the clerk thereof, as is required 
of him by law as clerk of the circuit court. The costs and fees of the clerk in 
civil cases in the county court shall be the same as those allowed in similar 
cases in the court of common pleas. The county commissioners of said county 
shall provide all books necessary for keeping records of said court. In all 
civil cases tried in the county court the clerk shall make up and file a judg- 
ment roll along with and in the same manner as if the judgment had been 
rendered in the court of common pleas ; he shall also enter the judgment in 
the abstracts of judgments of the court of common pleas as if such judgment 
were a judgment of the court of common pleas ; and he shall also index such 
judgments in the indices of judgment of the court of common pleas in the 
same manner as if such judgments were judgments of the court of common 
pleas for said county. 1932, XXXVII, 1128. 

Clerk's salary of $600.00 per annum was stricken out by 1932/1128. 

§ 206. Court of Record — Clerk. — The court of probate shall be a court of 
record, and have a seal, may appoint a clerk, and maj^ remove him at pleasure ; 
and on failure of the court to appoint such clerk, the judge of the court shall 
perform all the duties of clerk : Provided, That no person holding the office of 
clerk of the probate court under and by virtue of the appointment of the 
probate judge of any county of this State, shall practice in such court as an 
attorney or counsellor at law : Provided, That in Anderson, Richland, Spartan- 
burg, Horry and Barnwell Counties, when so qualified, by appointment by the 
probate judge for said counties, the clerk may do and perform any and all 
of the duties appertaining to the office of his principal. The said probate 
judge for said counties may take such bond and security from his clerk as he 
shall deem necessary to secure the faithful discharge of the duties of the ap- 
pointment, but shall in all cases be answerable for the neglect of duty or mis- 
conduct in office of his clerk. 1932, XXXVII, 1261. 



§ 212 1934 Supplement 14 

Barnwell County was added to last pro- was given for judge's protection. The pub- 

viso, 1932/1261. lie must look for its protection to bond of 

Extent of Liability of Clerk's Bond — . Judge of Probate. Ibid. 
Act of Clerk of Probate Court in appoint- Court of Record. — The Probate Court is 
ing himself guardian of estate was not a court of record, and its orders, decrees, 
within purview of his duties and is not etc., should be in writing and properly en- 
covered by his surety bond. Brooks v. U. S. tered of record. Ellis Estate v. Brown et al., 
F. & G. Co., 161 S. C, 66 ; 159 S. E., 488. 162 S. C, 136, 160 S. E., 260. 

Bond from clerk to Judge of Probate 

§ 212. Certain Probate Notices or Citations Not Required to Be Pub- 
lished. — It shall not be necessary to publish in any newspaper, any notice or 
citation relating to any estate in the courts of probate, where the value of such 
estate or estates, does not exceed five hundred dollars : Provided, That in such 
cases the notices required by law shall be posted at the door of the court house 
of the county where such estate or estates may be situated, for the time re- 
quired by law. 1933, XXXVIII, 493. 

Estates up to $500.00 instead of $200.00, were excepted from publishing probate 
provided in this section in the 1932 Code, notices or citations, 1933/493. 

§ 247. May Revoke and Send to Orphan Asylum or Reformatory. 

Hampton County legislative delegation's send children to orphanages, see 1933/66. 
unanimous written approval necessary to 

§ 255. Jurisdiction of Probate Court in Counties Having a Population 
Between 85,000 and 100,000 as to Certain Minor si.— (21) * * * —(a) 
Provided, That the judge of probate of Spartanburg County, ex officio judge 
of the juvenile court of the said county, shall not be paid any additional com- 
pensation for his services as judge of the said court, but the compensation other- 
wise provided by law for him shall be deemed to cover his services in this ca- 
pacity. 1934, XXXVIII, 1261. 

Proviso (a) added by 1934/1261. 

§ 276. Court Established. — A court inferior to the circuit courts, and to 
be known as "The Civil and Criminal Court of Charleston", is hereby estab- 
lished for the city of Charleston, and the territory adjacent thereto in the county 
of Charleston, west of the Cooper River. 1934, XXXVIII, 1581. 

The territorial jurisdiction changed by 1934/1581. 

§ 277. Jurisdiction. — The said civil and criminal court shall have such 
jurisdiction as heretofore provided for by law for the judicial magistrate's 
court in said city and county, and in all civil actions heretofore cognizable 
within the said territorial limits, wherein the amount sued for on the value 
of the property claimed, exclusive of costs, does not exceed one thousand, five 
hundred dollars ; but such jurisdiction shall not extend to cases where the title 
to real estate is in question, nor to cases in chancery, and shall be concurrent 
with the courts of common pleas therein, in matters within the jurisdiction of 
the court herein established. 1934, XXXVIII, 1581. 

Jurisdiction increased to $1500.00 from $500.00, 1934/1581. 

Procedure in Cases Involving Over Ejectment.— The civil and criminal court 

$100.00. — Where the amount involved ex- of Charleston is without jurisdiction to try 
ceed $100.00 the rules of procedure applica- action in ejectment. Ex parte Wingate, 166 
ble in the court of common pleas apply. S. C, 440, 165 S. E., 176. 
Steinberg v. S. C. Power Co., 165 S. C, 367, The above cases decided prior to 193.', 

163 S. E., 881. amendment. 

§ 278. Presiding Judge — Compensation. — The presiding judge of said civil 
and criminal, court shall be an attorney at law, resident within said territory, 
and shall be by the Governor commissioned as such, subscribe the oath of of- 
fice therefor, and shall hold his office for a term of four years, and until his 



15 Code of Laws of South Carolina § 281 

successor, who shall be elected in the same manner as is now provided by law 
for the election of a probate judge in the county of Charleston, has been elected 
and qualified. In the absence of disability of the recorder he is authorized to 
preside over the recorder's court for the city of Charleston: Provided, That 
in case of the disability, or inability from any cause, death or resignation of 
the judge of said court, the recorder of the city of Charleston shall temporarily 
fill the place, until the Governor shall fill the vacancy as provided by law for 
vacancies in a county office. He shall receive as compensation for his services 
the sum of two thousand four hundred ($2,400.00) dollars per annum, from 
the time of the issuance of his commission, to be paid by the county treasurer of 
said county of Charleston as the judicial magistrate and all other magistrates 
therein have heretofore and are now paid, and he is prohibited from practic- 
ing as an attorney in said court, or any other court inferior to the circuit 
court, except the probate court. 1934, XXXVIII, 1581. 

Salary of judge increased to $2400.00 from $1800.00, 1934/1581. 

§ 279. Pleadings and Practice — Duties and Powers of Magistrates. All 

summons and other process for said the civil and criminal court of Charleston 
shall be issued exclusively by one of the ministerial magistrates in said terri- 
torial jurisdiction, except in cases wherein the amount sued for or the value 
of the property claimed exceeds one hundred dollars, wherein the practice, 
pleadings, forms and modes of procedure of force in the courts of common 
pleas shall be, and they are hereby, made applicable to and to be followed in 
said civil and criminal court of Charleston. The jurisdiction, powers and duties 
of the said ministerial magistrates being hereby and in no way increased or di- 
minished^ but they are to perform the same to said the civil and criminal 
court of Charleston as they heretofore did to the judicial magistrates court, 
and in lieu and stead thereof, the jurisdiction of the magistrates in that por- 
tion of the territorial jurisdiction of said court lying outside of the city of 
Charleston shall not be changed or affected by the provisions of this act. either 
as to civil or criminal cases. 1934, XXXVIII, 1581. 

§ 281. Jury Commissioners — Duties — Draw Jurors. — The county auditor, 
the county treasurer, and the judge of the said civil and criminal court shall 
constitute the jury commissioners of said court, to serve without compensa- 
tion. They shall during the month next succeeding the approval of this sec- 
tion, and thereafter during the month of January next succeeding every gen- 
eral election for state officers prepare a list of not less than three thousand 
of the qualified electors residing within the jurisdiction of the court, now or 
hereafter qualified by law to act as jurors, and shall cause the said names of 
each one to be written on a separate piece of paper or ballot, and shall fold 
up such pieces of paper or ballots so as to resemble each other as much as 
possible, so that the names thereon shall not be visible from the outside, and 
shall place them in a jury box to be furnished by the county commissioners 
for that purpose, and all names for jurors for said court shall thereafter be 
drawn from said box in the manner herein provided. It shall be the duty of 
the clerk of the said court to keep said jury box in his custody ; and such jury 
box shall be provided with three locks each different; the keys to said locks 
shall be kept by the jury commissioners of said court, respectively, so that 
neither of said parties shall hold keys to the same lock. And it shall be the 
duty of the county supervisor for the county of Charleston to furnish to the 
said jury commissioners above mentioned a jury box of sufficient size and with- 



§ 284 1934 Supplement 16 

out any compartments therein, so that when all the separate pieces of paper 
or ballots aforesaid shall be folded and enclosed therein, they may be capable 
of being readily shaken out and intermixed in such box. Not less than ten (10) 
days nor more than twenty (20) days before the first day of each week in 
which jury trials are to be held and only after five days advertisement by 
placing notice in three public places in the jurisdiction of the court, one of 
which places must be the county court house, the jury commissioners of said 
court shall proceed to draw indiscriminately from the said jury box, not less 
than twenty (20) persons to serve for such week only, and the clerk of said 
court shall issue his writ of venire facias for such jurors requiring their at- 
tendance on the first day of the week for which they have been drawn ; and 
the said writ of venire facias shall be forthwith delivered to the sheriff of 
Charleston County for execution by him and he shall make his returns thereon 
at least two (2) days before the day when the jurors are required to attend: 
Provided, That whenever it shall be necessary to supply any deficiencies in 
the number of jurors duly drawn, the jury commissioners of said court shall 
draw from the jury box such number of jurors as shall be necessary, in which 
case venire shall be served and returned, and jurors required to attend on 
such days as the court shall direct. 1934, XXXVIII, 1581. 

§ 284. Clerk — Duties and Powers. — The judge of said court shall have the 
authority to appoint a clerk of said court, who shall hold the term of office for 
two years from date of appointment ; said clerk shall act as a stenographer of 
said court in all cases tried therein, both civil and criminal; said clerk shall 
also be invested with the same powers and duties as are now or which here- 
after may be devolved upon magistrate's constables. He shall give bond and 
qualify as a constable of said court; and shall receive as compensation for his 
services in all capacities herein mentioned, the sum of $125.00 per month, to 
be paid in the same manner as was paid the salary of the clerk of court of 
the judicial magistrate. The duties of said clerk shall be the same as those 
heretofore performed by the clerk of the judicial magistrate, and to preserve 
order in said court, and to call to his aid a person or persons to preserve or- 
der therein, who shall be compensated by him out of the fees and salary here- 
in and hereinafter provided for ; and such person or persons, when so called, 
shall have the like power of the magistrate's constables; and he may call to 
his aid a person or persons to perform for him the duties of stenographer of 
said court at any time and such person or persons shall be compensated by 
him out of said fees and salary. 1934, XXXVIII. 1581. 

§ 285. Pay of Jurors and Sheriff — Docket Fee. — Jurors shall receive one 
dollar and fifty cents ($1.50) per day. to be paid by the county treasurer on 
the order of the judge and clerk of said court. The sheriff shall be entitled to 
fifty cents for each juror summoned. In civil cases and special proceedings, 
where the amount involved is less than one hundred dollars, there shall be paid 
in advance to the said clerk, the sum of fifty cents, and in all larger amounts 
the sum of one dollar, as a docketing fee, and in lieu of all other costs in said 
court whatsoever. 1934, XXXVIII, 1581. 

§ 286. Appeals. — Appeals shall be from the said civil and criminal court, 
in all cases now allowed by law from the orginary magistrate's courts, to be 
presented in the same manner and under the same regulations as therein pre- 
scribed, except that instead of the testimony being in all cases taken down in 
writing and signed by the witnesses, the testimony shall be taken stenograph- 



17 Code of Laws of South Carolina § 311 

ically by the clerk of said court or such person as he may furnish in his stead : 
Provided, That in cases where the amount sued for exceeds one hundred dollars, 
the appellant shall have ten days in which to serve notice of appeal. 1934, 
XXXVIII, 1581. 

§ 288. Procedure — Terms. — The rules of practice, pleadings, forms and 
modes of procedure now applicable to and heretofore governing* the said ju- 
dicial magistrate's court shall be applicable to and governing the said civil 
and criminal court, except as herein otherwise provided for, during the terms 
of courts of common pleas and general sessions provided by statute for the 
county of Charleston, and any special terms of said courts called and held, 
the said civil and criminal court shall be held on every day of the week except 
Monday, Saturday, Sunday and public holidays, and may be held on any 
secular day; and during said weeks said court shall be held in the court room 
of the said civil and criminal court, and jury trials shall be held on any crim- 
inal cases and in cases arising out of the relation or alleged relation of land- 
lord and tenant. In all other weeks of the year, the said court shall be held 
on every day of the week except Saturday, Sunday and public holidays and 
may be held on any secular day, for the trials of all criminal cases and cases 
arising out of the relation, or alleged relation, of landlord and tenant, and 
for jury trials of all other civil cases and in said weeks said court shall be held 
in court room wherein are held the terms of the courts of common pleas and 
general sessions in said Charleston County : Provided, further, That the judge 
of said court shall have the power to dispense with any week of jury trials in 
civil cases of said court when there are, in his opinion, not sufficient cases 
on the docket of said court ready for trial to warrant the summoning of a 
jury and the holding of civil jury trials in such week. 1934, XXXVIII, 1581. 

In those weeks in which said court is not to be held in the court room wherein 
are held the terms of the courts of common pleas and general sessions in said 
Charleston County, the place for holding such court shall be provided by the 
county commissioners of Charleston County, and may be the place at which 
the civil and criminal court has heretofore been held and all books, dockets 
and other stationery necessary for the business of said court shall likewise be 
provided by said county commissioners. 1934, XXXVIII, 1581. 

§ 288 — 1. Transfer of Causes. — Any case now pending in the court of 
common pleas for Charleston County, coming within the jurisdiction of said 
civil and criminal court of Charleston, as hereinbefore amended, or which by 
amendment of the demand therein by consent of the parties shall then be 
within the jurisdiction of said court, may, by order of the resident or pre- 
siding judge of the ninth judicial circuit, on consent of counsel for all the 
parties thereto, be transferred to said the civil and criminal court of Charles- 
ton, by the filing of a copy of the record of said suit, authenticated by the clerk 
of said court of common pleas, within twenty (20) days after the date of 
such order. 1934, XXXVIII, 1581. 

This section added by 1934/1581. 

§ 299. Jurisdiction of Court. 

See § 972-1 for powers of Recorders in cities over 60,000 to suspend sentences. 

§ 311 — 1. Civil and Criminal Court for Portion of Oconee County.— 

(1) Territory. — For that portion of Oconee County bounded by the Seneca 
River and its headwaters, the North Carolina line, Chattooga River and the 
Tugaloo River, and the Anderson County line, there is hereby created and 



§ 311 1934 Supplement 18 

established a civil and criminal court with such jurisdiction in said territory, 
with such officers, and with such powers and duties as are hereinafter defined 
and prescribed. 

(2) Jurisdiction. — The said court shall be inferior to the court of com- 
mon pleas and general sessions. It shall have concurrent jurisdiction with the 
court of common pleas in all matters both at law and in equity (except where 
title to real estate is involved) where the matter in controversy or the thing 
sued for does not exceed the sum of one thousand dollars ($1,000.00). The 
said court shall have concurrent jurisdiction with the court of general ses- 
sions in all cases less than felonies where the punishment does not exceed ten 
years imprisonment or $5,000.00 fine. All cases within the above limits which 
are now for trial before the court of common pleas or before the court of 
general sessions may be transferred before this court for trial. All cases within 
the said limits may be instituted either in this court, or in circuit court and 
transferred to this court for trial. 

(3) Officers — (a) — Judge. — There shall be a judge of the said court who 
shall be one learned in the law who shall be a resident of the county. It shall 
be his duty to convene the said court for the trial of criminal cases every sec- 
ond Monday of each month and to continue the monthly term until all cases 
on the docket are tried or otherwise disposed of. He shall at all times hold 
the said court open for the purpose of accepting pleas of guilty. He shall 
likewise at the conclusion of the criminal business at each monthly term 
hear and dispose of any civil business on docket which may be ready for dis- 
posal, and he shall at all times hold the said court open for the purpose of 
giving judgment by default. The judge of the said court shall have the power 
to summon the grand jury of the county for the purpose of passing on any 
bills of indictment prepared by the solicitor of the circuit which are in the 
jurisdiction of the said court, and for no other purpose. He shall have the 
power to issue writs of injunction and prohibition, mandamus, punish for con- 
tempt as the circuit court, and grant bail in cases within his jurisdiction. 
Within the limits of jurisdiction of this court the judge of the civil and crim- 
inal court hereby created is invested with all the authority and powers that 
rest in judges of the circuit courts of this state. 

(b) Prosecuting Attorney. — There shall be a prosecuting attorney of 
said court whose duty it shall be to investigate all criminal cases instituted 
in or transferred to his court, and to diligently prepare and prosecute the 
said cases with all convenient speed with as little delay and cost as is com- 
mensurate with the orderly administration of justice. He shall consult all 
witnesses for the state before a term of court and have only such as are ma- 
terial to appear for the trial. To this end he is empowered to summons the 
witnesses to appear at his office before the term of court next ensuing, and 
they shall be bound to appear when so summoned under penalty of being pun- 
ished as for contempt. The witnesses so summoned for consultation shall re- 
ceive as full compensation mileage to and from home one time at five (.05) 
cents a mile. The prosecuting attorney shall so arrange his trial docket that 
cases shall be set for trial on a particular day and the material witnesses shall 
be summoned to attend court on that day and no other. On the trial of cases 
the witnesses for the state shall receive the fees and mileage now provided 
by law. 



19 Code of Laws of South Carolina § 311 

(c) Term — Election — Oath. — The judge and prosecuting attorney of the 
said court shall hold their respective offices for a term of four years and until 
their successors are qualified and commissioned. For the first term they shall 
be appointed by the Governor in the same manner as are masters in equity. 
Thereafter the judge of the said court shall be appointed by the Governor 
upon the recommendation of the bar association of Oconee County and the pros- 
ecuting attorney shall be nominated in the primary and elected at the general 
election next ensuing before the expiration of his term of office. The judge 
and prosecuting attorney shall take the oath required of judges of the circuit 
courts and solicitors. 

(d) Remuneration. — The judge and the prosecuting attorney of the said 
court shall each receive a salary of fifty ($50.00) dollars per month to be paid 
by the treasurer upon the vouchers of the supervisor of the county. 

(4) Juries. — All cases tried in said court shall be tried by a jury consist- 
ing of six qualified jurors. In civil cases each party shall be entitled to strike 
three names. In criminal cases the state and defendant shall enjoy the num- 
ber of challenges now prescribed by law for similar cases in the circuit court. 
The jury commissioners of the county on the first Monday of each month with- 
out notice shall draw publicly from the regular jury box of the county 18 
names of persons who shall be summoned by the sheriff to serve as jurors for 
the ensuing term of said court. The jurors attending said court, excepting 
grand jurors, shall receive one ($1.00) dollar per day and five (.05) cents 
a mile to and from their homes by the shortest route one time during such term. 
The jurors summoned for the trial of criminal cases shall continue for the trial 
of civil matters : Provided, That no juror shall be required to attend longer 
than one week, excepting where the trial of a case in which he is a juror shall 
continue beyond the week. 

(5) Clerk — Records — Judgments. — The clerk of the circuit court, shall 
act as clerk of this court and shall keep such calendars, minutes, and records 
as are necessary in a court of record. Judgments in this court shall be entered 
of record in the judgment books of the circuit court. The cost and fees allowed 
in the circuit court shall obtain likewise in this court. 

(6) Sheriff. — The sheriff of the county shall attend, and be subject to the 
orders of this court in like manner as the circuit court. 

(7) Stenographer. — The judge shall appoint an official stenographer for 
the court who shall be sworn to truly take and transcribe the proceedings of 
the court. The stenographer shall receive three ($3.00) dollars per day while 
actually engaged in court to be paid by the county in criminal cases and by the 
losing party in civil cases, but the party demanding a stenographer in civil 
cases shall advance the stenographer's cost. It shall not be the practice to 
take the testimony in criminal cases except where the defendant demands it. 
For transcripts of record, the stenographer shall receive the fees allowed stenog- 
raphers in circuit court. 

(8) Bailiffs. — The judge of said court may appoint not exceeding two bail- 
iffs as occasion may require to serve said court. The compensation of the said 
bailiffs shall be one ($1.00) dollar per day. 

(9) Pleadings and Practice. — The same forms of pleading and practice 
and the same rules of evidence shall obtain in this court as are provided for 
and observed in cases in the circuit courts. 



§ 312 1934 Supplement 



20 



(10) Appeals.— Appeals shall be taken from said civil and criminal court 
direct to the Supreme Court under the same rules as are now prescribed for 
appeals from the circuit courts. 1933 XXXVIII. 28. 

This section added by 1933/28. 

This section held constitutional in Glymph v. Smith, 170 S. C, 486; 170 S. E., 913. 

§ 312. Penalty for Practicing Unless Admitted and Sworn. 

Lien for Services. — Attorney has no lien Coast Life Insurance Co., 166 S. C, 270, 
for services rendered. Perry v. Atlantic 164 S. E., 753. 

§ 323. Cause of Removal — Entitled to be Heard. 

The citations for the case of State v. 1932 Code are 161 S. C, 263 ; 159 S. E. 627. 
Jennings annotated under this section in 

§ 399. Penalty of Contempt of Court — Offenders to be Heard. 

Sentence of ninety days in county jail which he was serving. State v. Babb, 161 
held justified for juror discussing case on S. C, 305, 159 S. E., 633. 

§ 350. Courts May Order Payment of Money to Minors, Etc. — In cases 
where a minor becomes entitled to a sum of money not exceeding two hundred 
dollars in the settlement of estates, or under the judgment, order or decree of 
any court, and such minor has no general or testamentary guardian to whom 
such sum may be paid, and whose estate, however, derived, is, in the judgment 
of the court in which the settlement is made, or the judgment, order or de- 
cree is rendered, too small to warrant the expense of the appointment of a 
guardian, it shall and may be lawful for such court, or the judge thereof, to 
make an order for the same to be paid to the minor, or the father or mother 
of such minor, or if the father and mother be dead, to some other person for 
the benefit of such minor as to such court or judge may seem best. 1933, 
XXXVIII, 269. 

The amount of money payable to minors $100.00 to $200.00, 1933/269. 
hereunder in certain cases increased from 

§ 366. This Title— When Not to Apply. 

Will. — Refusal to permit reading of de- Earning Capacity of Deceased. — Drig- 

ceased's will to jury not error. Driggers gers v. Scut hern Ry. Co., 169 S. C, 157; 

v. Southern Ry. Co.. 169 S. C, 157; 16S 168 S. E.. 185. 
S. E., 185. 

§ 375. Seizin Within Ten Years— Etc. 

As to what constitutes adverse posses- be tacked, see Weston v. Morgan et al., 
sion and when successive possessions may 162 S. C, ISO, 160 S. E., 436. 

§ 377. Possession — When Presumed — Occupation When Deemed Under 
Legal Title. 

See generally Weston v. Morgan et al.. constitutes adverse possession and when 
162 S. C, ISO, 160 S. E., 436, as to what successive possessions may be tacked. 

§ 385. After Forty Years, No Action Whatever Allowed. 

Interest of children in land purchased in 1878 held barred. Bank v. Hudgens. 171 
with money of their mother by their father S. C, 18; 171 S. E., 449. 

§ 390. Two Years. 

"Fine" construed as "penalty." State v. 172 S. E., S57. 
Liggett & Myers Tobacco Co., 171 S. C, 511 ; 

§ 395. Clause in Contract Not in Conformity to Statute of Limitations De- 
clared Void. 

Change of Limitation in Contract to be though it was brought after the period 

Ignored. — Action brought under this sec- stated in the bond, one year. Barringer v. 

tion within the period of limitation on a Fidelity & Deposit Co., 161 S. C, 4, 159 

contractor's bond cannot be dismissed S. E., 373. 



21 Code of Laws of South Carolina § 419 

§ 397. Party in Interest to Sue — Action by Grantee of Land Held Adversely. 

Holder of One of Several Bonds Secured close; although she has not title to mort- 

by Mortgage May Foreclose. — Plaintiff, gage. Hibbett v. Charleston Heights Co. 

holder of one of eigbt bonds secured by real et al., 163 S. C, 327, 161 S. E., 499. 
estate mortgage, may bring action to fore- 

§ 398. Assignment of Tiling in Action. 

Assignee Takes Subject Equities between takes said instrument subject to equities 

Original Assignor and His Assignee and between original assignor and his assignee 

Original Assignor and His Debtors. — as well as to equities existing between 

Assignee of nonnegotiable bond and mort- original assignor and original debtor; and 

gage from attorney, to whom same was the original assignor is not estopped from 

endorsed in blank by original assignor to asserting claim to said instrument. Noland 

collect, but who fraudulently assigned same, v. Law, 170 S. C. 345 ; 170 S. E. 439. 

§ 399. Actions by Executor, Trustee, Etc. 

"Trustee of an Express Trust". — Bank securities at sale price, held truste of an 

that sold certain securities and gave pur- express trust and could foreclose securities 

chaser trust receipt for said securities, in its name. Greenwood Cotton Mills v. 

which stated it held securities subject to Pace, 172 S. C, 531 ; 174 S. E., 473. 
order of purchase and agreed to repurchase 

§ 400. Action By and Against Married Woman. 

Tort Action by Wife against Husband. — tomobile accident. Pardue v. Pardue, 167 
Wife may maintain a tort action against S. C. 129 ; 166 S. E. 101. 
her husband for injuries sustained in au- 

§ 403. Who May Be Plaintiffs. 

Consolidation of Actions.— Sons v. Bank, 170 S. C. 548; 171 S. E. 35. 

§ 404. Who May be Defendants. 

Sue Sureties on County Officer's Bond 170 S. C. 548; 171 S. E., 35. 

in One Action. — In a suit against a present And Has for Its Purpose the Prevention 

or former county treasurer for an account- of Multiplicity of Suits. — Anderson County 

ing in equity for breaches of trust and de- v. Griffin et al., 164 S. C, 75, 161 S. E., 875. 

falcations occurring in two terms of of- Surety sued by employer on bond ex- 

fices, where the sureties for the several ecuted by it to protect employer from 

terms are different sureties, all the sureties shortage of employer's employees, who 

can be made parties to the one action. agreed to protect surety from loss, may 

Anderson County v. Griffin et al., 164 S. C, bring employees allegedly short in as defen- 

75, 161 S. E., 875. dants. C. C. Pearce & Co. v. Ab. Surety Co. 

Consolidation of Actions.— Sons v. Bank, of N. Y., 173 S. G, 77 ; 174 S. E., 903. 

§ 405. State May Be Defendant in Action Affecting Title to Real Estate- 
Service of Process. 

Consolidation of Actions. — Sons v. Bank, 170 S. C, 548; 171 S. E.. 35. 

§ 406. One or More May Sue or Defend for All. 

Service of Demurrer to Answer ten Carolina Joint Stock Land Bank of Colum- 
months after issues joined and within six bia v. N. Y. Title & Mtg. Co. (O. M. Pegues 
days before trial valid hereunder. First Case), 172 S. C. 446 ; 174 S. E., 406. 

§ 409. Court to Decide Controversy, Etc. — Interpleader. 

Mortgagee Not Necessary Party in company. Twin City Power Co. v. Savan- 

Action to Enjoin Condemnation. — Mort- nab River Electric Co., 163 S. C, 438, 161 

gagee of power company is not a necessary S. E., 750. See also Augusta Power Co. v. 

party in action by power company to en- Savannah River Electric Company, 163 

join condemnation proceedings by electric S. C, 541, 161 S. E., 767. 
company of certain lands of said power 

§ 419. Survival of Right of Action. 

Slander. — A cause of action for slander Action ex delicto for fraud and deceit 

is, until reduced to judgment, a tort of a based on alleged false representations made 

strictly personal character, and is not as- by deceased in the sale of timber held not 

signable. Perry v. Atlantic Coast Life Ins. to survive. Halsey v. Minn.-S. C. Land & 

Co. et al., 166 S. C, 270, 164 S. E., 753. Timber Co., 54 F. (2nd), 933. 



§ 421 



1934 Supplement 



22 



Action for Enfluencing and Procuring 
Execution by Fraud of Deed Does not 
Survive. — The influencing and procuring ex- 
ecution of deed real estate by fraud was not 
such damage to, or trespass upon, the real 
property of deceased as would survive. 



Bends v. Waters, 170 S. C. 432; 170 S. E., 
475. 

Only one Action against County for 
Death Caused by Defective Highway. — 

See § 5859. 



§ 421. Actions to be Tried Where Cause of Action Arose. 

Cited in Town of West Greenville v. Jones et al., 161 S. C, 186, 159 S. E. 

Not Applicable to Actions against State gent repair of state highway. 
Highway Department. — This section not State Highway Dept., 16S S. 
applicable to action against state highway S. E., 164. 
department brought under § 5887 for negli- 



551. 

Landrum v. 
C, 139; 167 



§ 422. Actions to be Tried in County Where Defendant Resides. 



Death of Resident Defendant Does not 
Affect Jurisdiction. — After first trial resi- 
dent defendant died, then sole surviving de- 
fendant, resident of another county, moved 
for a transfer of the cause to county where 
its residence was, held that county of de- 
ceased defendant still had jurisdiction, and 
motion for transfer denied. Halsey v. Min- 
nesota S. C. Land and Timber Co., 168 S. C. 
18: 166 S. E. 626. 

Defendant Sued on Note in Wrong 
County must make Motion to move to 

See generally Griffin v. Omens, 171 S. C, 

§ 426. Changing Place of Trial. 

Section 35 should be consulted in connec- 
tion with this section. 

See generally Griffin v. Omens, 171 S. C, 
276; 172 S. E., 221. 

§ 427. Actions — How Commenced. 

Civil actions shall be commenced by ser- 
vice of a summons. Lee v. Stroper, 159 S. C. 



proper County before Time to Answer Ex- 
pires. — Jurisdiction of subject matter cannot 
be waived even by consent, however juris- 
diction of the person may be waived ; hence 
defendant, who is sued on a note in county 
other than the county in which he lives, 
waives jurisdiction by not making motion 
to move cause to proper county before his 
time to answer expires. The motion to 
move comes too late after judgment is en- 
tered. Lillard v. Searson, 170 S. C, 304; 
170 S. E., 449. 
276; 172 S. E., 221. 



But Both Must Appear Together. — (See 
this catchline in 1932 Code under this sec- 
tion which is sustained in Dennis v. Mc- 
Knight et al., 161 S. C, 213, 159 S. E. 557. 



70 ; 156 S. E., 177 ; Bissonette v. Joseph, 
170 S. G, 407 ; 170 S. E., 467. 



§ 428. Summons — Requisites of. 

The Purpose of the Summons is to Acquire Jurisdiction and Give Notice. 

§ 430. Complaint Need Not Be Served With Summons. 



Baker-Jennings Hdwe. Co. v. Culp, 105 S. C. 
41S; 90 S. E., 26. 

Default Judgment Proper on Failure to 
make Appearance or Demand Copy of 
Complaint when Served both With Sum- 
mons. — Id- 



Intent. — It is the intent of this section 
when it is read in connection with sections 
428 and 429 that defendant must give notice 
of appearance and make demand for copy 
of the complaint within twenty days after 
the service of the summons on him. Bisson- 
ette v. Joseph, 170 S. C. 407 ; 170 S. E. 467. 

§ 434. Summons — How served. 

Service on Other for Defendant. — 
Sheriff's certificate of service showing sum- 
mons and complaint were served upon de- 
fendant by delivering copy thereof unto and 
leaving the same with wife of defendant 

§ 436. — Publication of Summons. — * * * Provided, That as to persons 
imprisoned in the penitentiary and lunatics confined in the state hospital, it 
shall also be lawful for such personal service of process to be made by the re- 
spective superintendents of such institutions instead of the sheriff, and such 
superintendents shall not be entitled to any costs therefor. * * * 1933, 
XXXVIII, 452. 

The above proviso was added to this section by 1933/452. 



personally does not comply with subsection 
4 of this section. This defect may be cured 
by defendant filing answer, etc. Miller v. 
White, 172 S. C, 333; 174 S. E., 17. 



23 



Code of Laws of South Carolina 



§ 495 



§ 458. When the Defendant May Demur. 

693. 



Demurrer to Jurisdiction. — Court in con- 
sidering demurrer to its jurisdiction may 
consider only what appeared on face of 
complaint ; and cannot consider service of 
process or defenses. Thompson v. Queen 
City Coach Co., 169 S. C, 231; 168 S. E., 



Exceptions presenting questions not pre- 
sented to circuit judge in grounds of de- 
murrer may not be considered on appeal. 
Stewart v. Ficken. 172 S. C, 151 ; 173 S. E., 
301. 



§ 468. Counterclaim — Several Defenses. 



Defendant's counterclaim based on cause 
of action, which arose after commencement 
of plaintiff's action, cannot be maintained. 
W. T. Furguson Lumber Co. v. Elliott, 171 
S. C, 455; 172 S. E. 616. 

In action by seller of automobile for 
balance due thereon purchaser may coun- 
terclaim for damages for plaintiff's alleged 
misrepresentations as to condition of auto- 
mobile, which misrepresentations caused 

§ 471. Reply — Demurrer to Answer. 

Demurrer to answer may be served more 
than twenty days after service of answer. 
First Carolinas Joint Stock Land Bank of 

§ 477. Pleadings to be Liberally Construed. 

Pleadings are to be liberally construed of plaintiff 
in favor of the pleader. Temple v. Mont- 
gomery, 157 S. C. 91, 153 S. E. 640, 642: 
Montgomery v. Conwav Lumber Co., 171 
S. C. 483; 172 S. E. 620. 

On demurrer, all allegations of the com- 
plaint must be liberally construed in favor 

§ 478. Striking Out Irrelevant or Redundant Matter and Making Indefinite 
Matter More Definite. 



loss to defendant by necessitating employ- 
ment of attorney, loss of time from busi- 
ness, and damage to reputation by having 
his car seized by sheriff. Greenville Motor 
Co. v. Thackston, 167 S. C, 305 ; 166 S. E., 
357. 

Foreclosure of Mortgages. — See gen- 
erally dissenting opinion of chief Justice 
Blease in Bank v. Palmer, 171 S. C, 167; 
171 S. E., 481. 



Columbia v. N. Y., Title & Mortgage Co.. 172 
S. C. 446; 174 S. E., 406. 



Harper v. Met. Life Ins. Co., 
153 S. C. 478, 151 S. E. 60. Montgomery v. 
Conway Lumber Co., 171 S. C. 483; 172 
S. E. 620. 

See § 8712-1 for relief of defendants real 
estate foreclosures when personal judgment 
demanded. 



Irrelevant Matter. — In action for breach 
of contract by manager against publishing 
corporation allegations as to who owned 
the stock and who constituted the board of 
directors of the said corporation were 
stricken out as irrelevant on the grounds 
that the complaint was complete without 
them and the said allegations had no vital 



connection with the action. Allegations 
stating that plaintiff's discharge was wilful 
and that defendant had appropriated to its 
own use the salaries of plaintiff held not to 
warrant punitive damages and were ir- 
relevant. Holland v. Spartanburg Herald- 
Journal Co., 166 S. C, 454, 165 S. E., 203. 



§ 487. — What Causes of Actions May Be Joined. 



Action Against Bank Officers for Fraud, 
Mismanagement, etc., States One Cause. — 
Complaint in action against officers and 
directors of bank for breach of duty which 
they owed the bank ; their negligence, and 
their wrongful conversion and deflection of 
the bank's asset states only one cause of 
action. Brice v. Glenn, 165 S. C, 509, 164 
S. E., 302. 

One Cause of Action in Certain Col- 
lisions. — Person driving his wagon on public 
highway and an automobile negligently 
strikes and injures his person and his 
personal property by one and the same act 
at one and the same time has only one 
cause of action in which he must recover 

§ 495. Court May Give Relief in Case of Mistake. 

Discretion Held not Abused. — Discretion take summons to counsel but turned it over 
held not abused in denying motion to set to an agency. Bissonette v. Joseph, 170 
aside judgment, where defendant did not S. C, 407 ; 170 S. E. 467. 



all the damage he suffers. Holcombe v. 
Garland & Denwiddie, Inc., 162 S. C, 382, 
160 S. E., 881. 

Cannot Consolidate when Plaintiffs have 
Separate Injuries Tho Actions Arise from 
Single Act. — Actions for damages for dese- 
crating grave yard bought by several plain- 
tiffs in separate causes for injuries to 
separate graves cannot be consolidated un- 
less plaintiffs agree. Each plaintiff has a 
separate action. Sons et al. v. Bank, 170 
S. C. 548 ; 171 S. E. 35. 

That the facts and witnesses in each case 
will be the same is not the test of the right 
of joinder. Id. 



§ 497 1934 Supplement ' 24 

§ 497. No Error or Defect to be Regarded Unless It Affects Substantial 
Rights. 

Applied in Stephens v. Wheeler, 167 S. C. 522 ; 166 S. E. 727. 

§ 526. Affidavits on Motion to Vacate Order of Arrest or Reduce Bail. 

Malicious Prosecution. — Whether circum- ficiency of facts and circumstances relied on 

stances relied on to rebut implication of by plaintiff to show lack of probable cause 

malice are to be regarded as being conclu- for the prosecution of criminal action. Jen- 

sive is issue for jury. Jennings v. Clear- nings v. Clearwater Mfg. Co., 171 S. C, 498; 

water Mfg. Co., 171 S. C. 498; 172 S. E. 870. 172 S. E. 870. 

It is a matter for jury to pass on suf- 

§ 527. Property of Foreign Corporations, and of Non-Residents, Abscond- 
ing, or Concealed Defendants, May Be Attached. 

Funds forwarded by telegraphic trans- Affidavit executed February 22, 1932, not 

mission beyond the limits of this state, be- sufficient for warrant of attachment issued 
fore execution of attachment warrant not May 31, 1933. Stricklin v. Hodgen, 172 
subject to attachment. Stricklin v. Hodgen, S. C., 37 ; 172 S. E. 770. 
172 S. C. 37; 172 S. E. 771. 

Deposit in Bank. — See McManus v. Bank, 
171 S. C. 84; 171 S. E. 473. 

§ 527-1. Attachment in Actions for Libel and Slander Against Non-Res- 
idents or Foreign Corporations. — Any and all attachments hereafter to be is- 
sued, made or levied in any of the courts of this state of the property, goods 
or credits of any non-resident of this state, or of any foreign corporation, in 
actions for libel and slander, if otherwise good and valid, shall stand as if 
the suit had been brought upon any other cause of action, mentioned in § 527 
or provided by the law. 1932, XXXVII, 1116. 

This section is new, 1932/1116. 

§ 530. — Security in Obtaining Attachment. 

Surety. — Not necessary that personal surety. Under sections 347. 348, and 349, 

surety be a resident of county in which at- plaintiff may deposit cash, in lieu of a per- 

tachment issued, or that he own property sonal surety, or the undertaking of a surety 

therein. Properly licensed under sections company. Prevost v. Post, 172 S. C. 228; 

901 and 79S9 a surety company may become 173 S. E. 628. 

§ 534. Sell Attached Personal Property Likely to Deteriorate, or Keep- 
ing thereof Expensive, before Judgment when Not Replevied. — Whenever any 
officer of this state shall have taken possession of any personal property 
under process of attachment and the defendant or other intervening party 
claiming the same fails to replevy such property within sixty (60) days after 
such property has been attached or seized by said officer, and such property 
remains in the hands of such officer and is either, of a perishable nature, 
liable to deteriorate in value or where the keeping of the same is attended 
with considerable expense as compared to the value of the property, such 
property may be sold by such officer under the direction of the court after 
giving not less than ten (10) days' advertisement of the manner, time and 
place of sale in three public places in the comity, one of Avhich shall be on 
the court house door and the court in its discretion may cause such additional 
notice or manner of advertisement as in its judgment the circumstances de- 
mand, the money after the payment of the legal expenses to be turned over 
to the clerk of court to await the judgment of court. 1933, XXXVIII, 63, 445. 

This section amended by 1933/63. The above provisions come from 1933/445. 

§ 538. Attachment— How Executed on Property Incapable of Manual 
Delivery. 



25 Code of Laws of South Carolina § 584-1 

Increase of bond rests with circuit judge, after levy has been made, and such notice 

who has supervision of acts of clerk of is sufficient if given within a reasonable 

Court. Prevost v. Post, 172 S. C. 228; 173 time thereafter. Prevost v. Post, 172 S. C. 

S. E. 628. 228 ; 173 S. E. 62S. 

Give notice showing property levied on 

§ 544. Undertaking on Part of Defendant. 

Extent of Liability. — Where a bond to amount of the penalty of the bond. Kim- 
dissolve an attachment is conditioned to brell v. Heffner et al.-, 163 S. C, 35, 161 
satisfy any judgment recovered against S. E., 175. The bond must be couched in 
the defendant, the judgment recovered in the language of the statute ; if it is not, 
the attachment suit fixes the amount to be the terms of the statute will be read into 
paid under the bond, although it may ex- the bond. Ibid. 
ceed the value of the property, up to the 

§ 546. Attachment in Action for Purchase Money. 

Sale of Property by Sureties and Pay- Moody v. Dudley, 138 S. C, 478; 137 S. E., 

ment of Proceeds on Debt. — Where sureties 141 ; Skalowski v. Fisher, 152 S. C, 108 ; 

on bond took possession of property and 149 S. E., 340, 65 A. L. R., 1427. 

sold it, and paid proceeds on debt, it was Lien. — There is no lien under this statute 

held that that did not relieve sureties from until judgment is obtained, execution issued, 

liability on their bond if proceeds from sale and levy made. State v. McCary. 120 S. C. 

were not sufficient to pay entire debt. 361, 113 S. E. 275. Maxwell v. Greene, 171 

Plumley v. Stewart, 165 S. C, 316, 163 S. S. C. 253; 172 S. E. 146. 
E.. 777. 

Validity. — Sureties on bond given here- Purchase Money Attachment against 

under cannot attach its validity after prin- goods of deceased in charge of executor will 

cipal, defendant, answered and went to not lie. Maxwell v. Greene, 171 S. C. 253 ; 

trial. Plumley v. Stewart, Ibid, See also 172 S. E. 146. 

§ 558. Defendant — When Entitled to Redelivery. 

Cross References. — See § 557 which limits Parties. — Generally. Gen. Mtrs. Accep- 

the amount of the bond in certain instances. tance Corp. v. Richey, 172 S. C, 518 ; 174 

Cited in Plumley v. Stewart. 165 S. C, S. E., 469. 
316, 163 S. E., 777. 

§ 584. Powers of Courts as to Receivers. 

Appointment. — It was error to appoint by plaintiff, and for further due to the de- 
receiver on application of plaintiff who had pression. Southern Trust Co. v. Cudd, 166 
a claim of $3,000.00 against defendant, who S. C, 108, 164 S. E., 428. 
in his return gave the value of his property In application for appointment of re- 
at $800,000 with liabilities of about one- ceiver pendente lite the court should take 
half thereof, which was not contradicted in consideration the depression. Ibid. 

§ 584-1. Creditors' Rights in Actions Marshaling Assets, Partitioning 
Property, Accounting, Dissolving Partnership, Appointing Receiver, or Set- 
tling an Estate. — "When an action is brought to marshal assets to pay debts 
or otherwise, to partition real and/or personal property, for an accounting', 
for the dissolution of a partnership, for the appointment of a receiver for a 
person, partnership, or corporation, or to settle an estate, the court may upon 
motion therefor direct that the master, special referee or other officer designated 
by the court shall call in the lien and/or general creditors of such person, 
partnership or corporation by inserting a notice in a newspaper printed and 
circulated in the county where such action is depending for six successive 
weeks, requiring such creditors to file proof of their liens and/or debts within 
a time specified by the court, which shall not be less than sixty (60) days 
from the date of the first publication of such notice, duly itemized upon and 
verified with oath that there is no off-set against such debt or claim. And 
the court may provide in such decree, order or judgment that failure to file 
proof of such lien and/or debt shall be a perpetual bar against any claim or 
action of such creditor against such real and/or personal property that may 
be sold in such action, and that such property shall be sold freed of any claim. 



§ 585 1934 Supplement 2G 

debt or lien against the same or any part thereof; and in case such action is 
for the purpose of marshaling assets to pay the debts of a decedent, or for 
the settlement of an estate, or for the partition of real and/or personal prop- 
erty of a decedent, the court may provide in such decree, judgment or order 
for the payment of the debts of such decedent according to law, and if it ap- 
pears that the assets of such decedent is or will be exhausted by the sale 
and/or disposition of the property of the decedent in such action, the court 
shall provide that the failure of any creditor of such decedent to file proof 
of his debt, or upon the filing of proof of his debt, shall operate as a perpet- 
ual bar against any action against the personal representatives, legatees, 
devisees and distributees of such decedent, or to subject the property sold in 
such action to the payment of any debts whatsoever of any creditor of such 
decedent, when such notice has been published or given as herein required : 
Provided, That if no newspaper is printed and circulated in the county in 
which such action is pending, the notice may be given by posting the said 
notice on the court house door for six successive weeks: Provided, further, 
That the court, if it shall deem it necessary, may direct that such notice shal] 
be published in such other newspaper and in such other places and for such 
period of time as the circumstances may require. 1934, XXXVIII, 1410. 
Added by 1934/1410. 

§ 585. Judgment Denned. 

Cross References. — As to taxation of cost be entered until all the costs are taxed and 
see § § 756 and 762. properly adjusted. Black v. Kirkland Seed 

Taxation of Cost.— Judgment should not Co., 163 S. C, 222, 161 S. E., 489. 

§ 586. Judgment on Failure to Answer, or for Excess Over Counterclaim — 

Claim and Delivery and Other Cases. 

Default Judgment Proper on Failure to 170 S. E. 467. 
make Appearance or Demand Copy of Amount Admitted Due over Counter- 
Complaint when Served by Summons. — claim. — (Under this subsection) order may 
Defendant, who was served with summons be made requiring defendant to pay amount 
without complaint, failed to answer or make admitted to be due, over and above amount 
appearance or demand copy of complaint set up in counterclaim, and giving plaintiff 
within proper time, not permitted to open up leave to enter up judgment in case of de- 
default judgment, although complaint was fault. Bomar v. Gantt, 167 S. C. 139 : 166 
not filed until after time for answering ex- S. E. 90. 
pired. Bissonette v. Joseph, 170 S. C. 407 ; 

§ 591. On Issues of Both Law and Fact, the Issues to be Tried Together. 

Plea in Bar. — Trial Judge committed no 136. 
error in requiring special defense of plea Notice of appeal from order requiring 

in bar be tried in advance of general trial. plea in bar to be tried before general trial 

Mitchell v. Bank, 165 S. C, 457, 164 S. E., does not operate as a stay. Ibid. 

§ 595. Summons and Complaint to be Filed in Clerk's Office — Docketing 
Cases. 

See generally as to placing cause on S. C, 515, 165 S. E., 175. 
calendar. Schroeder v. O'Neill et al., 166 

§ 597. Circuit Judges to Appoint Special Stenographers When Stenog- 
rapher is Disabled. 

Special stenographer can only be paid by cate of presiding judge ; and only $7.50 
state treasurer upon warrant of comp- per day. Cherokee County v. Stack, 171 
troller general predicated upon the certifi- S. C, 298, 172 S. E. 506. 

§ 602. When Jury May Tender Special or General Verdict — Special Find- 
ings. 

Special Issues. — In an action for dam- proper to submit to jury as special issues 
ages against railroad company it was held whether plaintiff was the statutory bene- 



27 Code of Laws of South Carolina § 623 

ficiary of decedent, and also the legal lia- Counterclaim by Defendant in Claim and 

bility of defendant. Armitage v. Seaboard Delivery. — The defendant may counter- 

A. L. R. Co., 165 S. C, 21, 164 S. E., 169. claim for damages he may have sustained 

Special finding of fact by jury in prose- by reason of the taking and withholding of 

cution for breach of trust with fraudulent the property under the proceedings in the 

intent at court's request held not to be action. Columbia National Bank et al v. 

error. State v. Wells, 162 S. C, 512, 161 Reynolds, 166 S. C, 426, 164 S. E., 931. 
S. E., 177. 

§ 605. Entry of Verdict — Motion for New Trial. 

Motion for New Trial must be Heard at had." Parks v. Blue Ridge Lumber Co., 
Same Term.— Motion for new trial "can 170 S. C. 217 ; 170 S. E. 156. 
only be heard at same term at which trial 

§ 607. Jury Commissioners — Of Whom Constituted. 

Purpose of Law. — The purpose of our to have in the courts, when needed, the 

jury laws is to obtain fair and impartial proper number of such jurors. State v. 

jurors of good citizens who possess the Wells, 162 S. C, 512, 161 S. E., 177. 
constitutional qualifications of jurors and 

§ 608. Preparation of Jury List — Electors to be Placed On — When Pre- 
pared. — The said comity auditor, county treasurer, and the clerk of court 
of common pleas of each county shall in the month of December of each year, 
prepare a list of such qualified male electors, under the provisions of the Con- 
stitution, between the ages of twenty-one and sixty-five years, of good moral 
character, of their respective counties, as they may deem otherwise well quali- 
fied to serve as jurors, being persons of sound judgment and free from all 
legal exceptions, which list shall include not less than one from every three 
of such qualified male electors under the provisions of the Constitution, be- 
tween the ages of twenty-one and sixty-five years and of good moral char- 
acter, to be selected without regard to whether such persons live within five 
miles or more than five miles from the court house : Provided, That in the 
county of Newberry said list shall be prepared during the month of July : 
and Provided, further, That where any of the books of registration of any 
county, have been, prior to December 1, 1932, lost or destroyed, if the list 
as prepared by the jury commissioners contains at least one-third of the quali- 
fied male electors of such county as shown by the books available to the com- 
missioners at the time of the preparation of such list, this shall in all cases be 
deemed a full compliance with this section. 1933, XXXVIII, 447. 

By 1933/447 the jury list was to consist number of qualified electors of the proper 

of "qualified male electors" instead of ages on the jury list, and to put their 

"qualified electors" as heretofore provided ; names in the jury box, they omitted "to 

and the last proviso added. prepare the ballots of the names and place 

Duty of Jury Commissioners. — Jury com- them in the boxes, at the time and in the 

missioners should place at least one from manner required" by this section. State v. 

every three qualified electors in the main Wells, 162 S. C, 512 ; 161 S. E., 177. 
box. When they failed to place the required 

§ 616. Number of Jurors to be Drawn. 

The fact that one venireman was over tion to quash venire. State v. Rusou. 16S 
age held not to be sufficient to sustain mo- S. C, 221 ; 167 S. E. 396. 

§ 620. Duty of Circuit Judge in Case of Irregularities. 

Preparation of Jury List. — This section authorized. State v. Wells, 162 S. C, 512, 
does not confer upon judges the power to 161 S. E., 177. 

direct the preparation of an entirely new Grand and Petit Jurors. — This section 

jury list ; but when this section is con- applicable to grand and petit jurors. State 
sidered with section 623 such power is v. Wells, 162 S. C, 512, 161 S. E., 177. 

§ 623. List of Juries When Jury Commissioners Fail to Prepare List. 

See notes to § 620. 



§ 630-1 1934 Supplement 28 

Authority of Circuit Judge. — Under this jury list from which general and petit 
section a circuit judge has authority to jurors may be drawn. State v. Wells, 162 
direct the preparation of an entirely new S. C, 512, 161 S. E., 177. 

§ 630-1. Persons Who May Draw Jurors.— In all cases where provision is 
made by law, or by rule of court, for a child under ten years of age to draw 
the names of the jurors, for the purpose of impanelling a jury, it shall be law- 
ful for a person who is totally blind, or for a child under the age of ten years, 
to draw the names of such jurors, whenever the court may so direct, with the 
same force and effect as a child under ten years of age can now do, under 
any law, rule of court, custom or usage. 1933, XXXVIII, 285. 

This section added by 1933/285. 

§ 632. Compensation — Per Diem and Mileage. — Jurors serving in the cir- 
cuit courts of this state shall, in addition to mileage at the rate of five cents 
per mile, going to and returning from court, receive a per diem in the sev- 
eral counties of this state, as follows: 

(a) In the counties of Bamberg, Dorchester, Hampton and McCormick, 
one dollar and fifty cents. 

(b) In the counties of Anderson, Barnwell, Berkeley, Calhoun, Cherokee, 
Chester, Chesterfield, Clarendon, Colleton, Darlington, Dillon, Edgefield, Flor- 
ence, Georgetown, Greenville, Greenwood, Horry, Kershaw, Lancaster, Lau- 
rens, Lee, Lexington, Marion, Marlboro, Newberry, Oconee, Orangeburg, Pick- 
ens, Richland, Saluda, Spartanburg, Sumter, Williamsburg and York, two 
dollars. In the county of Abbeville $2.50. Provided, That in the county of 
Marlboro petit jurors shall receive, in addition to the per diem, two dollars 
for each night when detained on jury duty after ten o'clock p. m. Provided, 
further, That in the county of Calhoun compensation of constables and court 
criers shall be the same as that fixed by jurors. Provided, further, That in 
Calhoun County not more than two constables shall be engaged for attendance 
upon the court of common pleas and not more than three shall be engaged for 
attendance upon the court of general sessions, except that the presiding judge 
may provide by order for additional constables upon the necessity therefor 
being made to appear to his satisfaction. 

(c) In the county of Union, two dollars and fifty cents. Provided, That 
petit jurors shall receive, in addition to the per diem, two dollars and fifty cents 
for each night, when detained on jury duty after ten o'clock p. m. 

(d) In the counties of Aiken, Allendale, Beaufort, Fairfield and Jasper, 
three dollars. 

(e) In Charleston County, five dollars. Provided, That when in said 
county any juror serving upon any case is detained by said jury service after 
twelve o'clock midnight, it shall be considered that the said juror shall have 
entered into a new day of jury service : Provided, That when a juror in said 
county is discharged from jury service before one o'clock p. m. on any day, 
he shall only be paid one-half of the per diem herein set forth, to wit : The 
sum of two dollars and fifty cents. 

(f) Jurors in magistrates' courts shall receive fifty cents for each civil 
case tried and mileage as allowed other jurors. 

(g) Whenever provision is made by law for the payment of mileage of 
jurors, witnesses and other persons required to attend court, or to travel to 
perform any legal duty, said mileage shall be computed and paid for by the 
shortest practical route to be traveled over any regular established highway. 
1933, XXXVIII, 8, 14, 76, 111 ; 1934, XXXVIII, 1598. 



29 Code of Laws of South Carolina § 664-1 

§ 633. Compensation of Jurors, Court Constables and Court Crier in Cir- 
cuit Court of Calhoun County. — Repealed by 1933 Acts, page 111. 

See § 632 for provisions for pay of jurors, County, 
constables and court crier in Calhoun 

§ 634. Empaneling- Jurors in Court of Common Pleas. 

This Section is Intended to Give Liti- v. Kress & Co., et al., 170 S. C. 178; 170 
gants a Fair and Impartial Jury. — Brown S. E. 142. 

§ 637. Jurors May Be Examined By Court^If Not Indifferent, Shall Be 
Set Aside. 

Competency of Juror.— Juror who formed former Suit against Defendant and Thought 

an opinion from reading part of the sworn it Wrong to Sue Defendant not Compe- 

evidence at a former trial ; saying, how- tent. — Prospective juror held not to be "im- 

ever, that he could render a verdict on the partial," who was angry with plaintiff's 

law and evidence is competent. State v. counsel for suing defendant in prior case, 

Pridmore, 163 S. C, 73, 161 S. E., 335. and who was of opinion it was wrong to 

Counsel May Examine Juror on Voir sue such companies as defendant, although 

Dire; however it is better for the judge to said juror stated on voir dire he could give 

make the examination. Brown v. Kress & impartial trial. Brown v. Kress & Co., et 

Co.. et al., 170 S. C, 17S ; 170 S. E. 142. al., 170 S. C. 178 ; 170 S. E. 142. 

Juror Angry with Plaintiff's Counsel for 

§ 639. When Objections to Jurors Must Be Made. 

Accused not estopped, to raise objection Elliott, 169 S. C. 208 ; 16S S. E. 546. 
to disqualified juror, who sat on his case, "Objections" to jurors, not taken before 

unless it be clearly shown accused did not the jury is empaneled, means such objec- 

exercise due diligence in selecting jurors. tions of which the party had knowledge, or 

This rule applied with more leniency where which by the exercise of due diligence he 

human life concerned. State v. Parsons, could have known. State v. Gregory, 171 

171 S. C. 449; 172 S. E. 424. State v. S. C. 535; 172 S. E. 692. 

§ 653. When Reference May Be Compulsorily Ordered. 

An order of reference is a matter for the of that discretion. Farley v. Matthews, 168 
exercise of the court's discretion, and is S. C. 294; 167 S. E. 502. 
not reviewable, except in a case of abuse 

§ 657. Judgment May Be For or Against Any of Parties to Action. 

Surety sued by employer on bond exe- ployees short in as defendants. C. C. Pearce 

cuted by it to protect employer from short- & Co. v. Am. Surety Co. of N. Y., 173 S. C-, 

age of employer's employees, who agreed to 77 ; 174 S. E., 903. 
protect surety from loss, may bring em- 

§ 661. Judgment in Action for Recovery of Personal Property. 

Counterclaim by Defendant in Claim and punitive damages may not be recovered. 

Delivery.— See this title under § 602. Manley v. Bailey, 151 S. C. 149 S. E. 119. 

After plaintiff executes bond in claim and Sandel v. Whisenhunt, 168 S. C. 129 ; 167 

delivery actual damages may be recovered S. E. 166. 
for damages occurring thereafter, however 

§ 664-1. Discharge of Bankrupts from Judgments. — Any time after one 
year has elapsed since a bankrupt was discharged from his debts, pursuant 
to the acts of Congress relating to bankruptcy, the bankrupt, his receiver, 
trustee or any other interested person or corporation, may apply, upon proof 
of the bankrupt's discharge, to the court in which a judgment was rendered 
against him, or if rendered in a court not of record, to the court of which it 
has become a judgment by docketing it therein, for an order, directing the 
judgment to be cancelled and discharged of record. If it appears upon the 
hearing that he has been discharged from the payment of that judgment or 
the debt upon which such judgment was recovered, an order must be made di- 
recting said judgment to be cancelled and discharged of record; and thereupon 
the clerk of said court shall cancel and discharge the same, by marking on the 
docket thereof that the same is cancelled and discharged by order of the 

3— S. C. C. 



§ 692 1934 Supplement 30 

court, giving the date of entry of the order of discharge. Notice of the ap- 
plication, accompanied with copies of the papers upon which it is made, must 
be served upon the judgment creditor, or his attorney of record in said judg- 
ment, in the same manner as provided in the rules of the circuit courts of 
this state for the service of process, if the residence or place of business of 
such creditor, or his attorney, is known ; but if unknown and cannot be ascer- 
tained after due diligence, or if such creditor is a non-resident of this state, 
and his attorney is dead, removed from, or cannot be found within the state, 
upon proof of said facts by affidavit, a judge of the court may make an or- 
der that the notice of such application be published in a newspaper designated 
therein, once a week for not more than three weeks, which publication shown 
by the affidavit of the publisher, shall be sufficient service upon such judg- 
ment creditor, of the application. Provided, however, That the provisions 
hereof shall not operate to discharge any debt, judgment or claim that is not 
dischargeable under the bankruptcy law or the law of the state. 1933, 
XXXVIII, 505. 

This section added by 1933/505. 

§ 692. Parties to Actions and Special Proceedings Competent Witnesses 

Except in Certain Cases. 

Contingent Liability. — Husband not per- comaker. Huntley v. Sullivan, 170 S. C. 

mitted to testify in action by administratrix 301 ; 170 S. E. 664. 

against his wife on note executed by hus- Employee of Defendant Company May 

band and wife to administratrix's intestate Testify. — This section does not prohibit the 

that note resulted from wagering transac- admission of testimony of an employee of 

tion, although husband had been adjudi- defendant insurance company in an action 

cated a bankrupt and listed the said note on a policy of insurance. Caldwell v. Volun- 

as one of his liabilities, because he didn't teer State Ins. Co., 170 S. C. 294 ; 170 S. E. 

list his contingent liability to his wife, his 349. 

§ 725. Foreign Instruments. 

Marriage Licenses. — Certified and exem- admitted. Armitage v. Seaboard A. L. R. 
plified copy of marriage license may be Co., 166 S. C, 21, 164 S. E., 169. 

§ 728. Medical or Scientific Books — In What Cases May Be Read. 

Section Limits Reading to Court or tions, from medical books. Baker v. South- 
Jury. — Except as provided in this section ern Cotton Oil Co. et al., 161 S. C, 479, 
it is not permissible to read to the court, 159 S. E., 822 ; Edwards v. Union Buffalo 
or the jury, or to witnesses on examina- Mills Co. et al., 162 S. C, 17, 159 S. E., 818. 

§ 744. When Executions May Issue — Limitations — Personal Property — 
Magistrate's Judgment. 

See 1932/1175, which provides for execu- Where three executions are levied at the 

tions to be directed to bonded peace officers same time, on same property, the fact that 

in Chester County. one of judgment creditors had his execu- 

Lien on Personal Property must be tion returned nulla bona, brought supple- 
Created by Execution and Levy. — Mc- mentary proceedings and discovered the 
manus v. Bank, 171 S. C. 84; 171 S. E. 473. property which was levied upon, gives this 

Deposits in Banks. — General deposit in creditor a preference where the proceeds 
bank cannot be levied on. as there exist of sale of the property are insufficient to 
between the bank and judgment debtor de- satisfy even one of the executions, when 
positor the relation of creditor and debtor. other judgment creditors issued no execu- 
The judgment creditor's remedy is by sup- tions thereon until property of judgment 
plementary proceedings, by which he can debtor was discovered through supple- 
reach a judgment debtor's bank account, mentary proceedings. Ex parte Roddey, 
Id. Seabury v. Hall, 171 S. C. 489; 172 S. E. 

Levy. — Personalty must be reduced t<» 866. 
possession or brought within immediate con- 
trol of sheriff to constitute levy. Id. 

§ 746. Order for Discovery of Property — Examination of Judgment 
Debtor, Etc. 



31 Code of Laws of South Carolina § 781 

Intent. — Proceedings under this chapter that cannot be reached merely by levy, 

are not a substitute for an execution, but McManus v. Bank, 171 S. C. 84 ; 171 S. E. 

are intended to assist in reaching assets 473. 

§ 756. Cost Follow Event of Action, Except in Chancery Cases When 
Otherwise Ordered. 

See 1932/1337, which provides for col- be an affirmance and the respondent entitled 

lection of initial cost in civil actions in to tax his costs. Appellant held entitled to 

Clarendon and Sumter Counties. Remis- tax his cost where judgment as to actual 

sion of court costs to paupers in Greenville damages affirmed but reversed as to puni- 

and Laurens Counties, 1932/1533. tive damages. Gatling v. Great A. & P. Tea 

Cross References.— Section 762 and notes Co., 170 S. C. 219 ; 170 S. E. 153. 

thereto should be consulted in connection Costs Supreme Court. — Bank v. O'Shields 

with this section. 167 S. C. 296; 166 S. E. 351. Pace v. Still. 

Supreme Court Costs— Taxation.— If on 167 S. C. 415; 166 S. E. 494. 

appeal to Supreme Court judgment is modi- Security for Costs. — Resident benefici- 

fied. appellant is prevailing party and en- aries of action to collect stockholders' lia- 

titled to taxation of his costs. If however bility not required to give security for cost, 

the Supreme Court orders a new trial on Griffin et al. v. Allendale Bank, et al., 170 

condition, that is unless respondent remit S. C. 212 ; 170 S. E. 149. See circuit court 

a portion of the judgment, and affirming rule 10, which requires nonresidents to give 

the judgment, if the remittance is made, cost, 
then if such remittance is made, it would 

§ 762. Costs — How to be Inserted in Judgment — Adjustment of Inter- 
locutory Costs. 

Court officers and witnesses, until paid recovered against it in second trial. Ibid. 

have an interest in the judgment as to the Assignment of part interest in judgment 

respective amount due them. Black v. Kirk- recovered by plaintiff to his attorney as 

land Seed Co., 163 S. C, 222, 161 S. E., 489. attorney's compensation held not to prevent 

Set Off of Cost Against Judgment. — defendant from setting off cost incurred in 

Cost incurred by defendant in obtaining a former appeal against judgment. Ibid. 
reversal may be set off against judgment 

§ 766. Costs in Action by or Against Executors, Administrators, Trustees, 
or Persons Authorized by Statute. 

See notes under § 756. 

Security for costs not be required under 212; 170 S. E. 149. Cost of nonresidents, 

this section of residents of this state. Grif- See circuit court rule 10. 
fin et al. v. Allendale Bank, et al., 170 S. C, 

§ 768. Costs in Action Prosecuted by the State. 

State Highway Department liable for cost 5887. Sawyer v. State Highway Depart- 
in action brought against it under section ment, 164 S. C, 53, 161 S. E., 883. 

§ 773. Who May Appeal. 

Executor is only a party in a representa- kind because he will receive no commis- 

tive capacity, and is not entitled to appeal sions on such, while if sold he would. Byrd 

from judgment ordering land divided in v. Shell, 169 S. C, 226; 168 S. E. 692. 

§ 775-1. May Appeal from Verdicts. — In case and appeal shall be taken 
from any verdict in any court on which a final judgment might be entered, 
the appellant shall not be prejudiced by reason of the fact that his appeal 
was taken without the entry of such judgment or before said judgment shall 

have been entered. 1934, XXXVIII, 1214. 

Added by 1934/1214. 

§ 781. Notice of Intention to Appeal — Serving Case with Exceptions. 

Appeal from verdict. See § 775-1. expired not effective to bring the case with- 

Appeal from Judgment Not Verdict. — in the jurisdiction of Supreme Court. State 

Appeal to Supreme Court must be from v. Atkins, 169 S. C. 170; 168 S. E., 540. 

judgment entered up and shown on trans- Failure of appellant to comply with re- 

cript of record, and not from verdict, quirements of appeal amounts to waiver of 

Hamer v. Hillcrest Land Co., Inc., 165 S. C, appeal, and upon such failure appearing by 

298, 163 S. E., 727. certificate of clerk of Supreme Court and 

Attempt to file the record after the time affidavit of respondent's attorney, the court 



§ 784 1934 Supplement 32 

below may dismiss appeal and proceed as from the Rising of Court. — To appeal from 

if no notice of intention to appeal had been a judgment entered upon a verdict rendered 

given. Id. one shall within 10 days from the rising of 

Notice of intention to appeal served with- the court serve written notice of his inten- 

in ten days after receipt of written accep- tion to appeal upon the adverse party or 

tance of terms of order on new trial held his attorney. Parks v. Blue Ridge Lumber 

sufficient. Additional notice given after en- Co. et al., 170 S. C. 217 ; 170 S. B. 156. 

try of judgment unnecessary and out of Contents of and Service of Notice of 

order. Breeden v. S. & H. X-Ray Co., 173 Intention to Appeal. — Sherbert v. School 

S. C, 112; 174 S. E., 913. Dist No. 83, Spartanburg Co., 169 S. C, 

Serve Notice of Appeal within 10 Days 191 ; 168 S. E. 391. 

§ 784. Extending Time for Certain Steps in Appeals. 

See notes to § 781. 

Judges' Jurisdiction to Extend Time. — Virginia-Carolina Chem. Corp. v. Mills, 171 

Order granting extension of time to file S. C. 99; 171 S. E. 477. 

transcript by judge other than "the judge Strict Compliance. — Statutory enactments 

who heard the cause, or by any one of the relating to appeals to supreme court to be 

justices of the supreme court" is a nullity. complied with strictly. Id. 

§ 804. Judgment on Appeal — New Trial. 

Error on Trial Must Be Prejudicial. — Reversible Error. — In action on insurance 

To be entitled to reversal for error com- policy, failure of county court, on appeal 

mitted on trial it must be shown that such from magistrate's court, to reverse judg- 

error was prejudicial or it influenced the ment for error in admission of evidence as 

magistrate in giving judgment. Stukes v. to representations of agent of defendant as 

Life Insurance Co. of Va., 163 S. C, 216, terms of policy, is not error, in view of this 

161 S. E., 478. section. Hawkins v. N. C. Mut. Life Ins. 

Court Erred in Admitting Evidence not Co., 170 S. C. 478 ; 170 S. E. 833. 

§ 826. Where and by Whom Action Brought. 

Foreign Corporations. — For a circuit Plaintiff May Elect County for Action 

court to have jurisdiction against a foreign in suit against undomesticated foreign cor- 

corporation where the cause of action arises porations and having obtained service on 

without the state, it must be shown that its agent jurisdiction was acquired in 

the corporation is "doing business" within county elected. Mclntyre v. United Five 

the state. Thompson v. Queen City Coach Cent & Ten Cent Stores, Inc., 171 S. C. 273 ; 

Co., 169 S. C. 231 ; 168 S. E., 693. 172 S. E. 220. 

§ 837. Proceedings Against Defendant on His Refusal to Deliver Books or 

Papers. 

Mandamus to obtain custody of records. S. E., 72. 
Burnett v. Langston, 164 S. C, 99, 161 

§ 908. When Citizens May Arrest and the Means to be Used. 

Instruction that before a citizen would proper where accused is charged with 

be justified in attempting to arrest one murder of deceased, who, along with 

whom he suspected of having in his pos- another, attempted to arrest accused who 

session stolen property, he must have rea- had in his possession stolen goods. State v. 

sonable ground for such suspicion held Irby, 166 S. C, 430, 164 S. E., 912. 

§ 911. Authority of County Police in Aiken. 

In so far as Richland and Laurens Coun- section are suspended, 1933/10, 86. 
ties are concerned the provisions of this 

§ 936. Magistrates Must Hold Preliminary Examinations upon Demand 

of Defendant. 

The holding of a preliminary hearing is State v. Irby, 166 S. C, 430, 164 S. E., 912. 

not a prerequisite to indictment, and the Accused not taking legal steps to secure 

fact that counsel were appointed after a a preliminary, and not informing court that 

true bill had been found would be no reason one was wished, waived all rights to such 

for a continuance in order that defendant examination. State v. Jones, 172 S. C. 129; 

might be given a preliminary hearing. 173 S. E. 77. 

§ 952. Jurisdiction of Municipal Courts — Right of Trial by Jury. 

See notes to § 956. as (S. C, 1931), under this section in 1932 

Citations for Greenville v. Pridmore cited Code are 162 S. C, 52, 160 S. E., 144. 






33 Code of Laws of South Carolina § 1002 

§ 956. Municipal Convicts — Exchange of Convict Labor. 

As to whether a municipality has the of Greenville v. Pridmore, 162 S. C, 52, 

right to sentence a violator of its ordi- 160 S. E., 144. 

nances to the county jail or county chain Citations for Greenville v. Pridmore cited 

gang, and should it or the county pay the as (S. C, 1931), cited under this section 

prisoners' expenses, and whether the county in 1932 Code are 162 S. C, 52 ; 160 S. E., 

should receive such prisoners see the case 144. 

§ 958. Municipal Officers' Power to Arrest, and on Conviction to Commit 
to Guardhouse. 

See notes to § 956. 

§ 962. Recorder — Election, Term and Salary — (Municipal Courts in Cities 
Between Twenty and Fifty Thousand Inhabitants). — * * * Provided, That 
in the city of Florence, the recorder shall hold his office at the pleasure of 
the city council and shall receive such salary as the said city council may from 
time to time fix. 1933, XXXVIII, 284. 

The above proviso added by 1933/2S4. The section is otherwise unchanged. 

§ 966. Municipal Court in City of Spartanburg. — There is hereby estab- 
lished a municipal court in the city of Spartanburg, South Carolina, which 
shall meet at the hour of 10 a. m. every day except Sundays and legal holidays. 
1934, XXXVIII, 1273. 

All after the words "South Carolina" added 1934/1273. 

§ 972-1. Recorders in Cities Over 60,000 May Suspend Sentences Within 
Their Jurisdiction. — The recorders of the cities in South Carolina having a 
population in excess of sixty thousand (60,000) shall have the power and au- 
thority in their discretion to suspend sentences imposed by them in such 
cases as come within their jurisdiction, upon such terms as in their discretion 
may seem fit and proper. 1932, XXXVII, 1353. 

This section is new, 1932/1353. 

§ 973. How Grand Juries Drawn. 

Duties and Powers of Grand Jury.— 323, 164 S. E., 873. 
See generally State v. Bramlett. 166 S. C, 

§ 977. Foreman of Grand Jury to Swear Witnesses. — Hereinafter the 
foreman of the grand jury or acting foreman in the circuit courts of any county 
of the state shall have the authority and power to swear witnesses, whose names 
shall appear on the bill of indictment, in the grand jury room : Provided, That 
the provisions of this section shall not apply to Berkeley, Sumter, Newberry, 
Bamberg, Barnwell, Pickens, Colleton, Anderson, Lee, Hampton, Lexington, 
Aiken, Richland, Greenwood, Kershaw, Saluda and Abbeville Counties : Pro- 
vided, however, That no witnesses shall be sworn except those who have been 
bound over or subpoenaed in the manner now provided by law. 1933, 
XXXVIII, 565. 

By 1933/565 Georgetown County and first proviso. 
Marion County were eliminated from the 

§ 1002. Right to Challenge. — Any person or persons who shall be arraigned 
for the crime of murder, manslaughter, burglary, arson, rape, grand larceny, 
breach of trust when the same shall be punishable as for grand larceny, or 
forgery, shall be entitled to peremptory challenges not exceeding ten ; and the 
state in such cases shall be entitled to peremptory challenges not exceeding 
five ; and any person or persons who shall be indicted for any crime or offense 
other than those enumerated above shall have the right to peremptory chal- 
lenges not exceeding five, and the state in such cases shall be entitled to per- 



§ 1011 1934 Supplement 34 

emptory challenges not exceeding five. But no right to stand aside jurors 
shall be allowed to the state in any case whatsoever : Provided, That in no case 
where there shall be more than one defendant jointly tried shall more than 
twenty peremptory challenges be allowed in all to the defendants: Provided, 
further, That in misdemeanors where there is more than one defendant jointly 
tried shall more than ten peremptory challenges be allowed in all to the de- 
fendants : Provided, That in felonies where there is more than one defen- 
dant jointly tried, the state shall have ten (10) challenges, and the defendants 
not more than twenty (20) challenges. 1932, XXXVII, 1145. 

By 1932/1145 the challenges in breach of larceny, were increased to not exceeding 
trust cases, when punishable as for grand ten. 

§ 1011. Defendant May Testify in Criminal Cases. 

When a defendant voluntarily elects to ness, and he may be cross examined as 
be a witness in his own behalf, he thereby any other witness. State v. Holmes, 171 
assumes the position of any ordinary wit- S. C. 8; 171 S. E. 440. 

See generally State v. Edgins, 171 S. C. 81; 171 S. E. 444. 

§ 1012-1. Person Convicted and Sentenced for Crime May Testify. — No 
person shall be disqualified to testify in the trial of any cause in the courts 
of this state by reason of conviction and sentence for any crime. The fact 
of such conviction and sentence may be established and the credibility of 
the testimony of any such witness shall be entirely for the jury or the court 
determining the facts at issue, as the case may be. 1934, XXXVIII, 1193. 

This section added by 1934/1193. 

§ 1023. Costs in Criminal Cases Where Venue Is Changed. — Whenever a 

criminal case is transferred from one county to another for trial, all the costs 
and expenses of such trial shall be paid by the county in which the bill of 
indictment was found. It is made the duty of the clerk of court of the county 
in which the bill of indictment was found, his deputy or some other person 
designated for the purpose, by such clerk of court, to attend upon such trial, 
to issue vouchers or warrants for such costs and expenses in like manner as if 
the case were tried in the county in which the bill of indictment was found, 
and the same shall be paid by the treasurer of such county as other court ex- 
penses of such county are paid: Provided, In the event a verdict of guilt is 
returned against the defendant or defendants named in the bill of indictment, 
and a fine is imposed as well as any other penalty and such fine be paid by 
the party or parties named the proceeds of such fine shall be delivered to the 
clerk of court of the county having original jurisdiction by the clerk of court 
of the county in which the verdict was obtained. 1933, XXXVIII, 441. 

This section amended by 1933/441. A section in the 1932 code is suggested for the 
comparison of the present section with this changes. 

§ 1034. Punishment for Felony When Not Specially Provided For. 
Five Year Sentence for Conspiracy to State v. McAdams, 167 S. C. 405 ; 166 S. E. 
Commit Robbery within judge's discretion. 405. 

§ 1035. Abie-Bodied Male Convicts to Work on County Chaingangs. 
Citations for Greenville v. Pridmore cited Code are 162 S. C, 52, 160 S. E., 144. 
as (S. C, 1931) under this section in 1932 

§ 1036. Convicts, Sentencing of— County and Municipal. 

Citations for Greenville v. Pridmore cited Code are 162 S. C, 52, 160 S. E., 144. 
as (S. C, 1931) under this section in 1932 

§ 1037. Serving of Sentences for Less Than Six Months. 



35 Code of Laws of South Carolina § 1113 

This section was amended by 1932/1133 ; error which did not change the section as 
however the amendment is not reproduced it is now stated in the code, 
here as its purpose was to correct a clerical 

§ 1039. Circuit Judges Empowered to Suspend Sentence in Certain Cases. 

Suspended Sentence. — The conditions im- State v. Gleaton, 172 S. C. 300; 174 S. E., 

posed upon a defendant in order to secure 12. 

a lighter sentence are not obligatory on Refusal to have trial by jury not error 
him; he is not compelled to accept them, in hearing on revocation of suspended sen- 
but. once accepted, he must obey them or tence where defendant not arrested on war- 
suffer the consequences of disobedience. rant and no trial in court pending. Id. 

§ 1070. Numbers of Jurors and Oath — Compensation. 

Sumter County, per diem of coroner jurors 50^, see 1933/23. 

§ 1096. Inquests Regulated. — It shall be unlawful for any coroner or magis- 
trate to hold an inquest over any dead body, except upon the written request 
of two reputable citizens residing in the neighborhood where the dead body is 
found: Provided, That the provisions of this section shall not apply to coun- 
ties where coroners are paid salaries, except in the counties of Bamberg, Flor- 
ence and Dorchester, where such requests shall be necessary. 1934, XXXVIII. 
1220. 

Charleston County omitted from the proviso 1934/1220. 

§ 1101. Murder Denned. 

See generally State v. Rector, 166 S. C, 335, 164 S. E., 865. 
See generally State v. Folk, 167 S. C. 529 ; 166 S. E. 611. 

§ 1107. Manslaughter. — Manslaughter, or the unlawful killing of another 
without malice, express or implied, shall be punishable by hard labor in the pen- 
itentiary, not exceeding thirty years nor less than two years: Provided, That 
in case where the jury returns a verdict of guilty of involuntary manslaughter 
the punishment shall be not less than three (3) months nor more than three 
(3) years in the discretion of the judge. 1934, XXXVIII, 1463. 

Minimum sentence for involuntary manslaughter fixed, 1934/1463. 

Accessory Before the Fact.— One cannot S. C, 408, 161 S. E., 692. 
be convicted of accessory before the fact Manslaughter is a Felony. — State v. 

to manslaughter. State v. O'Shields, 163 O'Shields, 163 S. C, 408, 161 S. E., 692. 

§ 1109. Rape. 

For damages for assault with intent to Blackmon v. Kirven, 170 S. C. 190; 170 S. E. 
have improper relations, see generally 157. 

§ 1110. Punishment for Rape, or Assault with Intent to Ravish. 

Sentence to serve fifteen years' imprison- mercy upheld. State v. Wilson, 162 S. C, 
ment on defendant convicted of assault with 416, 161 S. E., 104. 
intent to ravish with recommendation of 

§ 1113. Punishment for Certain Means or Advice to Woman to Cause 
Abortion, Etc. 

Continuance. — Request for continuance Corroboration of woman's evidence does 
because that codefendant in the indictment not have to come from testimony of some 
with the appellant, was absent from the person who actually saw the crime corn- 
trial, and that his testimony would be ma- mitted ; it may come from circumstances, 
terial to the defense of the appellant re- from the words and acts of the defendant, 
fused. State v. Parsons, 171 S. C. 449 ; 172 previous to, about the time of, and after 
S. E. 424. the alleged commission of the offense, tes- 

The "corroboration," required under the titled to by some witness other than the 

terms of the statute, means "anything which woman. State v. Sharpe, 138 S. C. 58 ; 135 

tends to strengthen, add to, add weight, or S. E. 635. State v. Parsons, 171 S. C. 449; 

credulity, or that which makes more cer- 172 S. E. 424. 
tain." State v. Teal, 108 S. C. 455, 95 S. E. 
69, 70; 14A C. J. 1428, 1429. State v. 
Parsons, 171 S. C. 449; 172 S. E. 424. 



§ 1122 1934 Supplement 36 

§ 1122. Planning or Attempting the Abduction, Terrorizing and/or De- 
tention of Any Person for Ransom a Felony — Penalty. — Whoever shall, by 
himself or in conspiracy with one or more other persons, attempt the abduc- 
tion, terrorizing and/or detention, either by force, deception or otherwise, of 
another person with the object of demanding or procuring a ransom for the 
release of such person, shall be guilty of a felony, and, upon conviction, be 
punished by death, as for murder; Provided, That the above penalty shall 
apply to both principal and all accessories who execute any part of the ab- 
duction, terrorizing and/or detention, and the act of one shall be construed 
as the act of all ; Provided, further, The jury in its discretion may recommend 
to the mercy of the court, which recommendation will automatically reduce 
the punishment to life imprisonment; Provided, further, That where such con- 
spiracy is planned but no attempt is made to execute any part of the abduc- 
tion, terrorizing and/or detention referred to above the defendant shall, upon 
conviction, be punished by imprisonment at hard labor in the state peniten- 
tiary for not less than five (5) years nor more than ten (10) years, in the 
discretion of the court. 1934, XXXVIII, 1211. 

This section comes from 1034/1211. and superseded former § 1122. 

§ 1122-1. Threatening to Kidnap or Commit a Felony. — (1) Obtaining 
Money or Property Under Threat of Kidnaping or Committing a Felony. — 
Any person or persons who shall obtain any money, or property of any kind, 
from another, by way of threat or threats, that if the money or property is not 
paid or turned over, a person will be kidnaped, or some other felony will be 
committed, shall be guilty of a felony and upon conviction shall be imprisoned 
for a period of not more than ten years. 

(2) Taking or Attempt to Take Money or Property by One Making 
Threat. — If money or property is sought to be turned over, or left where the 
person making such threat, or threats, can get it, pursuant to such threats, the 
taking, or the attempt to take, of such money or property, by the person mak- 
ing such threats, shall constitute a felony, regardless of its value or character, 
and upon conviction the same punishment shall be inflicted as is provided in 
section 1 hereof. 

(3) Misdemeanor to Make Such Threats. — The making of such threat 
or threats, whether anything is obtained thereby or not, shall constitute a mis- 
demeanor and punishment shall be inflicted by imprisonment for not more 
than one year. 

(4) Kidnaping Defined — Penalty. — Any person or persons who detains 
anyone from the free exercise of his or her liberties and against his or her 
consent shall be deemed and construed to be kidnaping, and upon conviction 
for such shall be imprisoned for a period of not less than five years, or more 
than forty years. Provided, It shall not be construed kidnaping between parties 
who have some right to the detention of any child or children. 1933, XXXVIII, 
52. 

This section added by 1933/52. 

§ 1123. — Misdemeanor for Husband to Fail to Support Wife and Children. 

Omission of "or excuse" in Judge's "sufficient cause or excuse." State v. Craig, 

Charge not Prejudicial.— Judge's charge 161 S. C. 232, 159 S. E., 559. 

that defendant, on trial for abandonment Liability when Marriage Entered into 

and non-support of his wife, was guilty if Unwillingly or under Duress. — State v. 

he was without "sufficient cause" held not Edgins, 171 S. C. 81 ; 171 S. E. 444. 
prejudicial ; although this section states 



37 Code of Laws of South Carolina § 1177-1 

§ 1149. Breach of Trust with Fraudulent Intent. 

Indictment. — An indictment in breach of Proof. — Proof beyond a reasonable doubt 

trust with fraudulent intention is sufficient of a fraudulent intention is necessary before 

if the offense be so described that the de- the crime of breach of trust is complete, 

fendant may know how to answer it, the State v. McCann, 167 S. C. 393; 166 S. E. 

court what judgment to pronounce, and 411. 

that a conviction or acquittal on it may be Venue. — Having been entrusted with prop- 
pleaded in bar of another indictment for erty in one county, if the person entrusted, 
the same offense. State v. Wells, 162 S. C, in that county, formed "the intention of 
512, 161 S. E., 177. fraudulently appropriating it to his own use, 

Time. — Time is not an element in the and, pursuant to such intention, "what" 

crime of breach of trust with fraudulent with it to another county where he accom- 

intention ; and it is not necessary to prove plished his object his crime maybe deemed 

either the precise time or the precise committed in the place where he received 

amount laid in the indictment. State v. the property and formed the criminal in- 

Wells, 162 S. C, 512, 161 S. E., 177. tent. (9 RCL 1293). State v. McCann, 167 

See generally State v. Daniel, 165 S. C, S. C. 393 ; 166 S. E. 411. 
280, 163 S. E., 721. 

§ 1159. Renting of Electric Storage Batteries and Penalties for Misuse. — 

(6) Penalty. — * * * Provided, That when the -rental claim or charge 
does not exceed the sum of twenty ($20.00) dollars, the punishment imposed 
shall be a fine of not more than one hundred ($100.00) dollars or imprison- 
ment of not more than thirty (30) days. 1933, XXXVIII, 256. 

The above proviso was added to sub- remains unchanged, 
section 6 by 1933/256. The section otherwise 

§ 1159-1. Sale of Rebuilt Electric Storage Batteries. — Whoever assembles 
or rebuilds an electric storage battery for use on automobiles, in whole or 
in part, out of second-hand or used material such as containers, separators, 
plates, groups, or other battery parts, and sells same or offers for sale in 
the state of South Carolina without the word "Rebuilt" moulded into the 
side of the container in letters which are at least one inch high and five-eighths 
of an inch wide shall be guilty of a misdemeanor and upon conviction thereof 
shall be sentenced to pay a fine not exceeding one hundred ($100.00) dollars 
or be imprisoned for a term not exceeding thirty (30) days. 1933, XXXVIII, 
482. 

This section added by 1933/482. 

§ 1161. Receiving Stolen Goods Misdemeanor. 

Instruction that one can be convicted of dence would know they were stolen is er- 

receiving stolen goods if he receives the roneous. State v. Hamilton et al., 166 S. C, 

goods under such circumstances that a 274, 164 S. E., 639. 
person of ordinary reason, judgment, pru- 

§ 1167. Drawing and Uttering Fraudulent Check. 

Damages.— See generally Turner v. 253, 163 S. E., 796. 
Montgomery Ward & Co. et al., 165 S. C, 

§ 1177-1. Placing or Throwing Stink Bombs, Etc., in Certain Buildings 
or Public Places Prohibited. — It shall be unlawful for any person or persons 
to place or deposit or throw any stink bombs or tear gas bomb or any substi- 
tute or device used therefor which contains foul or offensive odors in any pub- 
lic building, or store house, or theatre, or motion picture theatre, or any private 
residence, or any boarding house or other building where people lodge or reside, 
or within the curtilage of any such building, or on any sidewalk or street in 
front of any such building or in front of or near any rear or side entrance to 
any such building, or at any exit to any such building, or in, at, or near any 
hole or vent, or ventilator in any such buildings : Provided, however, The 
provisions hereof shall not apply to peace officers engaged in the discharge of 



§ 1177-2 1934 Supplement 38 

their duty. Any person violating any of the provisions hereof shall be guilty 
of a misdemeanor and on conviction shall be punished by imprisonment for 
not more than one year, or by a fine of not more than one thousand ($1,000.00) 
dollars, or both at the discretion of the trial judge. 1932, XXXVIII, 1534; 
1933, XXXVIII, 137. 
This section added by 1932/1534; 1933/137. 

§ 1177-2. Use and Possession of Machine Guns. — (1) "Machine Gun" 
Defined. — For the purpose hereof the words "machine gun" apply to and in- 
clude all firearms commonly known as machine rifles, machine guns and sub- 
machine guns of any calibre whatsoever, capable of automatically discharging 
more than eight cartridges successively without reloading, in which the am- 
munition is fed to such gun from or by means of clips, disks, belts, or other 
separable mechanical device. 

(2) Transportation. — It shall be unlawful for any person or persons in 
any manner to transport from one place to another in this state, or from any 
railroad company, or* express company, or other common carrier, or any of- 
ficer, agent, or employee of any of them, or any other person acting in their 
behalf knowingly to ship or to transport from one place to another in this 
state in any manner or by any means whatsoever, except as hereinafter pro- 
vided, any firearm as described hereinabove or commonly known as a machine 
gun. 

(3) Storing, Keeping, and/or Possessing. — It shall be unlawful for any 
person to store, keep, possess, or have in possession, or permit another to store, 
keep, possess, or have in possession except as hereinafter provided, any firearm 
of the type defined above or commonly known as a machine gun. 

(4) Selling, Renting or GrviNG Away. — It shall be unlawful for any per- 
son to sell, rent, or give away, or be interested directly or indirectly, in the 
sale, renting or giving away, or otherwise disposing of any firearm of the type 
above described or commonly known as a machine gun. 

(5) Exceptions — Register. — The provisions hereof shall not apply to the 
army, navy, or marine corps of the United States, the National Guard, and or- 
ganizations authorized by law to purchase or receive machine guns from the 
United States, or from this state, and the members of such corps. National 
guard and organizations while on duty or at drill, may possess, carry and trans- 
port machine guns, and, Provided, further, That any peace officer of the state, 
counties or political sub-division thereof. State constable, member of the 
highway patrol, railway policemen, warden, superintendents, headkeeper or 
deputy of any state prison, penitentiary, workhouse, county jail, city jail, 
or other institution for the detention of persons convicted or accused of crime, 
or held as witnesses in criminal cases, or persons on duty in the postal service 
of the United States, or common carrier while transporting direct to any police 
department, military or naval organization, or person authorized by law to 
possess or use a machine gun, may possess machine guns when required in the 
performance of their duties, nor shall the provisions hereof be construed to 
apply to machine guns kept for display as relics and which are rendered harm- 
less and not usable. Every person permitted by this section to possess a machine 
gun or immediately after any person is elected to or appointed to any office 
or position which entitles such person to possess a machine gun, shall file in 
the office of the Secretary of State on a blank to be supplied by the Secre- 
tary of State on application therefor, an application to be properly sworn to, 



39 Code of Laws of South Carolina § 1276 

which shall be approved by the sheriff of the county in which the applicant 
resides or has its principal place of business, which shall include the appli- 
cant's name, residence and business address, description including sex, race, 
age, weight, height, color of eyes, color of hair, whether or not ever charged 
or convicted of any crime, municipal, state or otherwise, and where, if so 
charged, and when same was disposed of. The applicant shall also give de- 
scription including the serial number and make of the machine gun which he 
possesses or desires to possess. Thereupon, the Secretary of State shall file 
such application in his office, registering such applicant together with the in- 
formation required in the application in a book or index to be kept for that 
purpose, and assign to him a number, and issue to him a card which shall 
bear the signature of the applicant, and which he shall keep with him while he 
has such machine gun in his possession. Such registration shall be made on 
the date application is received and filed with the Secretary of State, and shall 
expire on December 31, of the year in which said license is issued. 

(6) Penalty. — Any person violating any of the provisions hereof shall be 
guilty of a felony, and, on conviction thereof, shall be sentenced to pay a fine 
not exceeding one thousand dollars, and undergo imprisonment by separate or 
solitary confinement at labor not exceeding twenty (20) years. 1934, XXXVIII, 
1288. 

Added by 1934/1288. 

§ 1217. Exemptions. — The provisions of sections 1215 and 1216 shall not 
apply to, nor be enforced, in the following counties, to wit : Bamberg, Aiken, 
Greenwood, Colleton, Dorchester, Fairfield, Clarendon, Union, Chesterfield, 
Darlington, Richland, Berkeley, Lancaster, Barnwell, Hampton, Florence, Beau- 
fort, Horry, Lexington, Marlboro, Pickens, York, Abbeville, Georgetown, Sa- 
luda, Anderson, Kershaw and Oconee : Provided ', That provisions of section 
1215 shall not apply to, nor be enforced in, the counties of Williamsburg and 
Sumter. 1932, XXXVII, 1223 ; 1934, XXXVIII, 1280. 

Kershaw was added to the exempted omitted from statute proper and added to 
counties by 1932/1223. Sumter county proviso, 1934/1280. 

§ 1249, Sale and Use of a Trademark Advertising Contents of Food 
Products, Etc. — Any trademark or whatever name designated and used to 
advertise the chemical and other contents of food products grown in South 
Carolina, or other articles, shall not be sold, bartered or exchanged by any 
person, firm, or corporation or officer, except through and by the commis- 
sioner of agriculture, commerce and industries. Said commissioner is hereby 
authorized, empowered and entrusted with the handling by selling, or other- 
wise, of any trademark used for the purpose set forth in this section : Provided, 
That said commissioner may use, under his direction, any officer of the state 
for the purpose of handling said trademark. Any person, firm, or corpora- 
tion violating the provisions of this section shall be subject to a fine, or im- 
prisonment, in the discretion of the court. 1933, XXXVIII, 634. 

By 1933/634 the duties and powers of the on the commissioner of agriculture, corn- 
natural resources commission were devolved merce and industries. 

§ 1276. Selling Property on Which Lien Exists. 

Mortgage Lien not Merged in Absolute mortgage and junior judgment lien on said 

Title when Conveyance to Satisfy Said property, is not a merger of the mortgage 

Lien Accepted in Ignorance of Outstand- lien in the absolute estate. The conveyance 

ing Liens. — Conveyance by mortgagor to considered as never having been made. Mc- 

mortgagee of property covered by mortgage Craney v. Morris, 170 S. C. 250 ; 170 S. E. 

for cancellation of indebtedness, mortgagee 276. 
having no knowledge of second recorded 



§ 1278 1934 Supplement 40 

§ 1278. Contractors to Pay Laborers Out of Money Received for Contract. 

Application of Payments by Material- 159 S. E., 532. 

men. — As to right of materialmen to apply Funds paid to materialmen by contractor 

payments by contractor to secured or un- may be applied on any accounts due by 

secured contracts, and materialmen's re- contractor if no definite account is specified 

course against surety on contractor's bond by contractor, be the account secured or 

see Bryce Plumbing & Heating Co. v. Ameri- unsecured. Ibid. 

can Surety Co., 162 S. C, 239, 160 S. E.. Contractor's bond should be credited 

593. with money collected by contractor under 

Payment to materialmen for materials his contract and paid to materialmen who 

furnished under contract by contractor furnished said contractor materials on 

should be credited on bond given with con- other jobs. Southern States Supply Co. v. 

tract regardless of where contractor re- Union Indemnity Co., 161 S. C, 219, 159 

ceives the money. Southern States Supply S. E., 532. 
Co. v. Union Indemnity Co., 161 S. C, 219, 

§ 1282. Making Way With Produce Before Paid For Fraud. 

See generally. Lee v. Marion Nat. Bank, 167 S. C, 168; 166 S. E. 148. 

§ 1301-A. Unlawful to Keep or Operate Vending or Slot Machines, Punch 

Boards, Etc., Pertaining to Game of Chance. 

Constitutionality. — This section held con- al.. 54 F. (2nd), 634. 
stitutional. Durant v. Bennett, Sheriff, et 

§ 1318-1. Charges for House Rent, Water Services and Electric Light 
Services, Charged Laborers by Textile and Related Corporations, During 
Periods of "Close Downs" Prohibited. — (1) Parties Subject to Provisions. 
— Any person, firm or corporation with a plant in this state, engaged in man- 
ufacturing, dyeing, or finishing cotton, rayon silk, or other textile products or 
fabrics, and owning and furnishing to operatives dwelling or tenement houses 
shall be subject to this section. 

(2) Not to Charge Operatives for House Rents, Water or Electric 
Light Services on Shut Downs Over Two Weeks. — When any such plant shall 
be closed or shut down by the voluntary act of the owner, or the person, firm or 
corporation operating the same, or due to act of God, for a period of more than 
two weeks, no charge shall be made or demanded of its operatives for house 
rent, water or electric light service by such person, firm or corporation dur- 
ing the period of such shut down. 

(3) Applicable to Departments — Scope and Extent of Service. — If 
any one or more department or departments of such a plant shall be so closed 
or shut down, but not the whole plant, no such charge shall be made against 
or demanded of the operatives in such department for such services during 
such shut down : Provided, This section shall not be construed to require the 
furnishing of either houses, lights or water by such plants during such periods 
of shut down in cases where the same was not furnished by the plant prior 
to the shut down, but only the continuance of the facilities and service here- 
tofore furnished: Provided, further, If during such shut down an amount 
of water or lights is used by any operative or occupants of a tenament house 
in excess of the average amount theretofore used, such excess may be charged 
for : Provided, further, The provisions hereof shall not apply to or require the 
further furnishing of house, lights or water to an operative who has been dis- 
charged and notified of his discharge from his or her employment, nor shall 
it apply to cases in which a plant or a department of a plant is closed or shut 
down permanently by the management and notice posted to the effect that 
the operatives will not be longer required in the operation of the plant. 



41 Code of Laws of South Carolina §1322-1 

(4) Penalty. — If any such corporation shall collect monies or other things 
of value in violation of the provisions contained herein, then the laborer from 
whom such monies or other or other things of value are collected shall recover 
of said corporation the sum of fifty ($50.00) dollars for each and every violation 
thereof. 

(5) Contract. — This section shall be deemed as a part of a contract be- 
tween laborers and corporations herein affected. 1933, XXXVIII, 356. 

This section added by 1933/356. 

§ 1318-2. Locking of Employees in Buildings. — Any person, firm or cor- 
poration employing persons and working them in buildings is forbidden to lock 
such employees in said buildings where by so doing they become endangered 
by fire : Provided, The provisions of this section shall not apply to any build- 
ing or buildings, room or rooms, that may be locked so as to be opened from 
the inside by any employee of ordinary intelligence. It shall be the duty of 
the sheriff, constables and all other law enforcing officers to see that the pro- 
visions hereof are observed and to prosecute all violations thereof called to their 
attention or discovered by them. Any violation hereof shall be deemed a mis- 
demeanor and the violator shall be subject to a fine of not less than fifty ($50.00) 
dollars, nor more than one thousand ($1,000.00) dollars, or not exceeding six 
(6) months in prison in the discretion of the court. 1933, XXXVIII, 135. 

This section added by 1933/135. 

§ 1322-1. Deception in Storage, Selling or Offering for Sale Liquid Fuels, 
Lubricating Oils, Greases, Etc. — (1) Prohibited. — No person, firm or cor- 
poration shall store, sell, offer or expose for sale any liquid fuels, lubricating 
oils, greases or other similar products in any manner whatsoever which may de- 
ceive, tend to deceive or have the effect of deceiving the purchaser of said 
products as to the nature, quality or quantity of the products so sold, exposed 
or offered for sale. 

(2) Storage, Selling or Offering for Sale Such Products from Con- 
tainers, Pumps, Etc. — No person, firm or corporation shall keep, expose or 
offer for sale, or sell any liquid fuels, lubricating oils, greases or other similar 
products from any container, tank, pump or other distributing device other 
than those manufactured or distributed by the manufacturer or distributor 
indicated by the name, trade-mark, symbol, sign or other distinguishing mark 
or device appearing upon said tank, container, pump or other distributing 
device in which said products were sold, offered for sale or distributed. 

(3) Disguising Buildings or Equipment by Imitating Designs, Etc., of 
Recognized Oils, Etc. — No person, firm or corporation shall disguise or camou- 
flage his or their buildings, and/or own equipment, by imitating the design, 
smybol, trade-name of the equipment under which recognized brands of liquid 
fuels, lubricating oils and similar products are generally marketed. 

(4) Selling Under Wrong Trade-Mark, Etc. — No person, firm or cor- 
poration shall expose or offer for sale or sell under any trade-mark, trade-name 
or name or other distinguishing mark any liquid fuels, lubricating oils, greases 
or other similar products other than those manufactured or distributed by the 
manufacturer or distributor marketing such products under such trade-name, 
trade-mark or name or other distinguishing mark. 

(5) Mixing, Blending or Compounding Products — Sale. — No person, firm 
or corporation shall mix, blend or compound the liquid fuels, lubricating oils, 
greases or similar products of the manufacturer or distributor with the products 



§ 1324 1934 Supplement 42 

of any other manufacturer or distributor or adulterate the same, and expose or 
offer for sale or sell such mixed, blended or compounded products under the 
trade-name, trade-mark or name or other distinguishing mark of either of said 
manufacturers or distributors, or as the adulterated products of such manu- 
facturer or distributor : Provided, however, That nothing herein shall prevent 
the lawful owner thereof from applying its own trade-mark, trade-name or sym- 
bol to any product or material. 

(6) Aiding Others to Violate Section. — No person, firm or corporation 
shall aid or assist any other person in violating any of the provisions of this 
section by depositing or delivering into any tank, pump, receptacle or other 
container any liquid fuels, lubricating oils, greases or other like products other 
than those intended to be stored therein, as indicated by the name of the manu- 
facturer or distributor, or the trade-mark, the trade-name, name or other dis- 
tinguishing mark of the product displayed in the container itself, or on the 
pump or other distributing device used in connection therewith, or shall by 
any other means aid or assist another in the violation of any of the provisions 
of this section. 

(7) Penalty. — Every person, firm or corporation violating any of the pro- 
visipns of this section shall be guilty of a misdemeanor, and upon conviction, 
shall be punished by a fine of not more than one thousand ($1,000.00) dollars 
and by imprisonment not to exceed twelve (12) months, or by either or both 
in the discretion of the trial judge. 1933, XXXVIII, 443. 

This section added by 1933/443. 

§ 1324. Operating Filling Station Within 100 Feet of School or Church in 
Union County. — It shall be unlawful for any person, firm or corporation doing 
business in Union County in this state to operate a filling station for the sale 
of gas, oil and other commodities within one hundred (100) feet of any school 
building or buildings, while in use as a school and where children are attend- 
ing school and/or any church building or buildings wherein congregations may 
be assembled for worship and/or while children are attending Sunday School. 
The wilful violation of this section shall be punishable by a fine of not less 
than twenty-five ($25.00) dollars nor more than one hundred ($100.00) dollars 
or by imprisonment for a period of not more than thirty (30) days. 1932, 
XXXVII, 1479. 

The 1932 amendment reduced the dis- certain church and school buildings. "Wil- 
tance from 300 feet to 100 feet, and includes ful" was added to last sentence after "The." 

§ 1355-1. Discharge of Petroleum, Fuel Oil or Coal Products which Drain 
in Harbor of County Containing City Over 60,000 Unlawful. — It shall be un- 
lawful for any person or persons to dump or discharge intentionally any 
products, waste or refuse of fuel oil, petroleum, or coal at any place within 
this state, from which the same shall drain into the waters of any harbor in 
any county in this state containing a city of more than sixty thousand (60,- 
000) population according to the United States census of 1930. Any viola- 
tion hereof shall be a misdemeanor, and any person convicted thereof shall 
be subject to a fine not exceeding five hundred ($500.00) dollars, or imprison- 
ment not exceeding six (6) months, or both. It shall be the duty of the port 
or harbor commissioners, as well as that of all law enforcing officers, to see 
that the provisions hereof are enforced. 1933, XXXVIII, 389. 

This section added by 1933/3S9. 

§ 1380. Conspiracy Against Persons. 



43 Code of Laws of South Carolina § 1450 

This section does not abrogate the law of ishable at common law. State v. McAdams, 
conspiracy in this state, and has no refer- 167 S. C. 405 ; 166 S. E. 405. 
ence to conspiracy to commit offenses pun- 

§ 1448. Water Companies to Have Analysis of Water Made and Published 
— Fee — Inspection of Water Sheds. 

The following proviso was eliminated lished as herein provided, once each calen- 

from this section by 1933/87 ; "Provided, dar month ; the same penalties herein im- 

that in the city of Georgetown, said an- posed shall apply to this proviso." The 

alysis shall be made and the report pub- section otherwise remains unchanged. 

§ 1450. Manufacture, Sale, Possession, Transportation, and Use of Nar- 
cotic Drugs. — (1) Definitions. — The following words and phrases, as used 
in this section, shall have the following meanings, unless the context otherwise 
requires : 

(1) "Person" includes any corporation, association, co-partnership, or one 
or more individuals. 

(2) "Physician" means a person authorized by law to practice medicine 
in this state and any other person authorized by law to treat sick and injured 
human beings in this state and to use narcotic drugs in connection with such 
treatment. 

(3) "Dentist" means a person authorized by law to practice dentistry in 
this state. 

(4) "Veterinarian" means a person authorized by law to practice veteri- 
nary medicine in this state. 

(5) "Manufacturer" means a person who by compounding, mixing, culti- 
vating, growing, or other process, produces or prepares narcotic drugs, but 
does not include an apothecary who compounds narcotic drugs to be sold or 
dispensed on prescriptions. 

(6) "Wholesaler" means a person who supplies narcotic drugs that he 
himself has not produced nor prepared, on official written orders, but not on 
prescriptions. 

(7) "Apothecary" means a. licensed pharmacist as defined by the laws of 
this state and, where the context so requires, the owner of a store or other 
place of business where narcotic drugs are compounded or dispensed by a 
licensed pharmacist ; but nothing in this section shall be construed as conferring 
on a person who is not registered nor licensed as a pharmacist any authority, 
right or privilege, that is not granted to him by the pharmacy laws of this state. 

(8) "Hospital" means an institution for the care and treatment of the 
sick and injured, approved by the South Carolina state board of health, as 
proper to be intrusted with the custody of narcotic drugs and the professional 
use of narcotic drugs under the direction of a physician, dentist, or veterinarian. 

(9) "Laboratory" means a laboratory approved by the said state board 
of health as proper to be intrusted with the custody of narcotic drugs and the 
use of narcotic drugs for scientific and medical purposes and for the purposes 
of instruction. 

(10) "Sale" includes barter, exchange, or gift, or offer therefor, and each 
such transaction made by any person, whether as principal, proprietor, agent, 
servant, or employee. 

(11) "Coca leaves" includes cocaine and any compound, manufacture, salt, 
derivative, mixture, or preparation of coca leaves, except derivatives of coca 
leaves which do not contain cocaine, ecgonine, or substances from which cocaine 
or ecgonine may be synthesized or made. 



§ 1450 1934 Supplement 44 

(12) "Opium" includes morphine, codine, and heroin, and any compound, 
manufacture, salt, derivative, mixture, or preparation of opium, but does not 
include apomorphine, or any of its salts. 

(13) "Narcotic drugs" means coca leaves and opium and every substance 
neither chemically nor physically distinguishable from them. 

(14) "Federal narcotic laws" means the laws of the United States relat- 
ing to opium, coca leaves, and other narcotic drugs. 

(15) "Official written order" means an order written on a form provided 
for that purpose by the United States commissioner of narcotics, under any laws 
of the United States making provision therefor. 

(16) "Dispense" includes distribute, leave with, give away, dispose of, 
or deliver. 

(17) "Registry number" means the number assigned to each person regis- 
tered under the federal narcotic laws. 

(2) Acts Prohibited. — It shall be unlawful for any person to manufacture, 
possess, have under his control, sell, prescribe, administer, dispense, or com- 
pound any narcotic drug, except as authorized in this statute. 

(3) Manufacturers and Wholesalers. — No person shall manufacture, com- 
pound, mix, cultivate, grow, or by any other process produce or prepare nar- 
cotic drugs, and no person as a wholesaler shall supply the same, without hav- 
ing first obtained a license so to do. 

(4) Sale on Written Orders — Use of Official Written Orders — Pos- 
session Lawful. — (1) A duly licensed manufacturer or wholesaler may sell 
and dispense narcotic drugs to any of the following persons, but only on of- 
ficial written orders : 

(a) To a manufacturer, wholesaler, or apothecary. 

(b) To a physician, dentist, or veterinarian. 

(c) To a person in charge of a hospital, but only for use by or in that 
hospital. 

(d) To a person in charge of a laboratory, but only for use in that lab- 
oratory for scientific and medical purposes. 

(2) A duly licensed manufacturer or wholesaler may sell narcotic drugs 
to any of the following persons : 

(a) On a special written order accompanied by a certificate or exemption, 
as required by the federal narcotic laws, to a person in the employ of the 
United States Government or of any state territorial, district, county, municipal, 
or insular government, purchasing, receiving, possessing, or dispensing nar- 
cotic drugs by reason of his official duties. 

(b) To a master of a ship or a person in charge of any aircraft upon which 
no physician is regularly employed, for the actual medical needs of persons on 
board such ship or aircraft, then not in port. Provided: Such narcotic drugs 
shall be sold to the master of such ship or person in charge of such aircraft 
only in pursuance of a special order form approved by a commissioned medical 
officer or acting assistant surgeon of the United States public health service. 

(c) To a person in a foreign country if the provisions of the federal nar- 
cotic laws are complied with. 

(3) An official written order for any narcotic drug shall be signed in 
duplicate by the person giving said order or by his duly authorized agent. 
The original shall be presented to the person who sells or dispenses the nar- 
cotic drug or drugs named therein. In event of the acceptance of such order 



45 Code of Laws op South Carolina § 1450 

by said person, each party to the transaction shall preserve his copy of such 
order for a period of two years in such a way as to be readily accessible for in- 
spection by any public officer or employee engaged in the enforcement of this 
act. It shall be deemed a compliance with this subsection if the parties to 
the transaction have complied with the federal narcotic laws, respecting the 
requirements governing the use of order forms. 

(4) Possession of or control of narcotic drugs obtained as authorized by 
this section shall be lawful if in the regular course of business, occupation, pro- 
fession, employment, or duty of the possessor. 

(5) A person in charge of a hospital or of a laboratory, or in the employ 
of this state or of any other state, or of any political subdivision thereof, and 
a master or other proper officer of a ship or aircraft, who obtains narcotic 
drugs under the provisions of this subsection or otherwise, shall not administer, 
nor dispense, nor otherwise use such drugs, within this state, except within the 
scope of his employment or official duty, and then only for scientific or me- 
dicinal purposes and subject to the provisions of this statute. 

(5) Sales by Apothecaries. — (a) An apothecary, in good faith, may 
sell and dispense narcotic drugs to any person upon a written prescription of 
a physician, dentist, or veterinarian, dated and signed by the person prescrib- 
ing on the day when issued and bearing the full name and address of the 
patient for whom, or of the owner of the animal for which, the drug is dis- 
pensed, and the full name, address, and registry number under the federal 
narcotic laws, of the person prescribing, if he is required by those laws to be 
so registered. If the prescription be for an animal, it shall state the species 
of animal for which the drug is prescribed. The person filling the prescription 
shall write the date of filling and his own signature on the face of the pre- 
scription. The prescription shall be retained on file by the proprietor of the 
pharmacy in which it is filled for a period of two years, so as to be readily ac- 
cessible for inspection by any public officer or employee engaged in the en- 
forcement of this statute. The prescription shall not be refilled. 

(b) The legal owner of any stock of narcotic drugs in a pharmacy, upon 
discontinuance of dealing in said drugs, may sell said stock to a manufacturer, 
wholesaler, or apothecary, but only on an official written order. 

(c) An apothecary, only upon an official written order, may sell to a phy- 
sician, dentist, or veterinarian, in quantities not exceeding one ounce at any one 
time, aqueous or oleaginous solutions of which the content of narcotic drugs 
does not exceed a proportion greater than twenty per cent of the complete 
solution, to be used for medical purposes. 

(6) Professional Use of Narcotic Drugs. — (1) A physician or a dentist, 
in good faith and in the course of his professional practice only, may prescribe, 
administer, and dispense narcotic drugs, or he may cause the same to be ad- 
ministered by a nurse or intern under his direction and supervision. 

(2) A veterinarian, in good faith and in the course of his professional 
practice only, and not for use by a human being, may prescribe, administer, 
and dispense narcotic drugs, and he may cause them to be administered by 
an assistant or orderly under his direction and supervision. 

(3) Any person who has obtained from a physician, dentist, or veterinarian 
any narcotic drug for administration to a patient during the absence of such 
physician, dentist, or veterinarian, shall return to such physician, dentist, or 
veterinarian any unused portion of such drug, when it is no longer required 
by the patient. 

4— S. C. C. 



§ 1450 1934 Supplement 46 

(7) Preparations Exempted. — Except as otherwise in this statute specifi- 
cally provided, this statute shall not apply to the following cases : 

(1) Prescribing, administering, dispensing, or selling at retail of any med- 
ical preparation that contains in one fiuid ounce, or if a solid or semi-solid 
preparation, in one avoirdupois ounce, (a) not more than two grains of opium, 

(b) not more than one-quarter of a grain of morphine or of any of its salts, 

(c) not more than one grain of codeine or of any of its salts, (d) not more than 
one-eighth of a grain of heroin or of any of its salts, (e) and not more than 
one of the drugs named above in clauses (a), (b), (c), and (d). 

(2) Prescribing, administering, dispensing, or selling at retail of lini- 
ments, ointments, and other preparations, that are susceptible of external use 
only and that contain narcotic drugs in such combinations as prevent their 
being readily extracted from such liniments, ointments, or preparations, ex- 
cept that this statute shall apply to all liniments, ointments, and other prep- 
arations, that contain coca leaves in any quantity or combination. 

(4) Nothing in this subsection shall be construed to limit the kind and 
quantity of any narcotic drug that may be prescribed, administered, dispensed, 
or sold, to any person or for the use of any person or animal, when it is pre- 
scribed, administered, dispensed, or sold, in compliance with the general pro- 
visions of this statute. 

(8) Record to Be Kept. — (1) Every physician, dentist, veterinarian, 
or other person who is authorized to administer or prefessionally use narcotic 
drugs, shall keep a record of such drugs received by him, and a record of all 
such drugs administered, dispensed, or professionally used by him otherwise 
than by prescription. It shall, however, be deemed a sufficient compliance with 
this subsection if any such person using small quantities of solutions or other 
preparations of such drugs for local application, shall keep a record of the 
quantity, character, and potency of such solutions or other preparations pur- 
chased or made up by him, and of the dates when purchased or made up, with- 
out keeping a record of the amount of such solution or other preparation ap- 
plied by him to individual patients. Provided, That no record need be kept of 
narcotic drugs administered, dispensed, or professionally used in the treatment 
of any one patient, when the amount administered, dispensed, or professionally 
used for that purpose does not exceed in any forty-eight consecutive hours, 
(a) four grains of opium, or (b) one-half of a grain of morphine or of any 
of its salts, or (c) two grains of codeine or of any of its salts, or (d) one- 
fourth of a grain of heroin or of any of its salts, or (e) a quantity of any other 
narcotic drug or any combination of narcotic drugs that does not exceed in 
pharmacologic potency any one of the drugs named above in the quantity 
stated. 

(2) Manufacturers and wholesalers shall keep records of all narcotic drugs 
compounded, mixed, cultivated, grown, or by any other process produced or 
prepared, and of all narcotic drugs received and disposed of by them, in ac- 
cordance with the provisions of subsection 5 of this subsection. 

(3) Apothecaries shall keep records of all narcotic drugs received and dis- 
posed of by them, in accordance with the provisions of subsection 5 of this 
subsection. 

(4) Every person who purchases for resale, or who sells narcotic drug prep- 
arations exempted by subsection 7 hereof, shall keep a record showing the 
quantities and kinds thereof received and sold, or disposed of otherwise, in ac- 
cordance with the provisions of subsection 5 of this subsection. 



47 Code of Laws of South Carolina § 1450 

(5) The record of narcotic drugs received shall in every case show the date 
of receipt, the name and address of the person from whom received, and the 
kind and quantity of drugs received ; the kind and quantity of narcotic 
drugs produced or removed from process of manufacture, and the date of such 
production or removal from process of manufacture ; and the record shall in 
every case show the proportion of morphine, cocaine, or ecgonine contained in 
or producible from crude opium or coca leaves received or produced. The 
record of all narcotic drugs sold, administered, dispensed, or otherwise dis- 
posed of, shall show the date of selling, administering, or dispensing, the name 
and address of the person to whom, or for whose use, or the owner and species 
of animal for which, sold, administered or dispensed, and the kind and quan- 
tity of drugs. Every such record shall be kept for a period of two years from 
the date of the transaction recorded. The keeping of a record required by or 
under the federal narcotic laws, containing substantially the same information 
as is specified above, shall constitute compliance with this section, except that 
every such record shall contain a detailed list of narcotic drugs lost, destroyed, 
or stolen, if any, the kind and quantity of such drugs, and the date of the dis- 
covery of such loss, destruction, or theft. 

(9) Labels. — (1) Whenever a manufacturer sells or dispenses a narcotic 
drug, and whenever a wholesaler sells and dispenses a narcotic drug in a pack- 
age prepared by him, he shall securely affix to each package in which that 
drug is contained a label showing in legible English the name and address of 
the vender and the quantity, kind, and form of narcotic drug contained therein. 
No person except an apothecary for the purpose of filling a prescription under 
this act, shall alter, deface, or remove any label so affixed. 

(2) Whenever an apothecary sells or dispenses any narcotic drug on a pre- 
scription issued by a physician, dentist, or veterinarian, he shall affix to the 
container in which such drug is sold or dispensed, a label showing his own 
name, address, and registry number, or the name, address, and registry num- 
ber of the apothecary for whom he is lawfully acting ; the name and address of 
the patient or, if the patient is an animal, the name and address of the owner 
of the animal and the species of the animal ; the name, address, and registry 
number of the physician, dentist, or veterinarian, by whom the prescription 
was written; and such directions as may be stated on the prescription. No 
person shall alter, deface, or remove any label so affixed. 

(10) Authorized Possession of Narcotic Drugs by Individuals. — A person 
to whom or for whose use any narcotic drug has been prescribed, sold, or dis- 
pensed, by a physician, dentist, apothecary, or other person authorized under 
the provisions of subsection 4, and the owner of any animal for which any 
such drug has been prescribed, sold, or dispensed, by a veterinarian, may law- 
fully possess it only in the container in which it was delivered to him by the 
person selling or dispensing the same. 

(11) Persons and Corporations Exempted. — (1) The provisions of this 
statute restricting the possessing and having control of narcotic drugs shall 
not apply to common carriers or to warehousemen, while engaged in lawfully 
transporting or storing such drugs, or to any employee of the same acting 
within the scope of his employment; or to public officers or employees in the 
performance of their official duties requiring possession or control of narcotic 
drugs ; or to temporary incidental possession by employees or agents of persons 
lawfully entitled to possession, or by persons whose possession is for the pur- 
pose of aiding public officers in performing their official duties. 






§ 1450 1934 Supplement 48 

(12) Common Nuisances. — Any store, shop, warehouse, dwelling house, 
building, vehicle, boat, aircraft, or any place whatever, which is resorted to by 
narcotic drug addicts for the purpose of using narcotic drugs or which is used 
for the illegal keeping or selling of the same, shall be deemed a common nuisance. 
No person shall keep or maintain such common nuisance. 

(13) Narcotic Drugs to be Delivered to State Officials, Etc. — All nar- 
cotic drugs, the lawful possession of which is not established or the title to 
which cannot be ascertained, which have come into the custody of a peace of- 
ficer, shall be forfeited, and disposed of as' follows : (a) Except as in this 
.section otherwise provided, the court or magistrate having jurisdiction shall 
order such narcotic drugs forfeited and destroyed. A record of the place where 
said drugs were seized, of the kinds and quantities of drugs so destroyed, and 
of the time, place, and manner of destruction, shall be kept, and a return 
under oath, reporting said destruction, shall be made to the court or magis- 
trate and to the United States commissioner of narcotics, by the officer who 
destroys them. (b) Upon written application by the said state board of 
health, the court or magistrate by whom the forfeiture of narcotic drugs has 
been decreed may order the delivery of any of them, except heroin and its 
salts and derivatives, to said state board of health for distribution or destruc- 
tion, as hereinafter provided, (c) Upon application by any hospital within 
this state, not operated for private gain, the said state board of health may in 
its discretion deliver any narcotic drugs that have come into its custody by au- 
thority of this section to the applicant for medicinal use. The said state board 
of health may from time to time deliver excess stocks of such narcotic drugs 
to the United States commissioner of narcotics, or shall destroy the same. 
(d) The said state board of health shall keep a full and complete record of 
all drugs received and for all drugs disposed of, showing the exact kinds, 
quantities, and forms of such drugs ; the persons from whom received and to 
whom delivered ; by whose authority received, delivered, and destroyed ; and 
the dates of the receipt, disposal, or destruction, which record shall be open to 
inspection by all federal and state officers charged with the enforcement of 
federal and state narcotic laws. 

(14) Send Notice of Conviction to Licensing Board — Suspend License — 
Keinstatement. — On the conviction of any person of the violation of any 
provision of this statute, a copy of the judgment and sentence, and of the opin- 
ion of the court or magistrate, if any opinion be filed, shall be sent by the 
clerk of the court, or by the magistrate, to the board or officer, if any, by 
whom the convicted defendant has been licensed or registered to practice his 
profession or to carry on his business. On the conviction of any such person, 
the court may, in its discretion, suspend or revoke the license or registration 
of the convicted defendant to practice his profession or to carry on his busi- 
ness. On the application of any person whose license or registration has been 
suspended or revoked, and upon proper showing and for good cause, said 
board or officer may reinstate such license or registration. 

(15) Records Confidential. — Prescriptions, orders, and records, required 
by this act, and stocks of narcotic drugs, shall be open for inspection only 
to federal, state, county and municipal officers, whose duty it is to enforce the 
laws of this state or of the United States relating to narcotic drugs. No officer 
having knowledge by virtue of his office of any such prescription, order, or 
record shall divulge such knowledge, except in connection with a prosecution 
or proceeding in court or before a licensing board or officer, to which prosecu- 



49 Code of Laws of South Carolina § 1450 

tion or proceeding the person to whom such prescriptions, orders, or records 
relate is a party. 

(16) Fraud or Deceit. — (1) No person shall obtain or attempt to ob- 
tain a narcotic drug, or procure or attempt to procure the administration of 
a narcotic drug, (a) by fraud, deceit, misrepresentation, or subterfuge; or (b) 
by the forgery or alteration of a prescription or of any written order; or (c) 
by the concealment of a material fact; or (d) by the use of a false name or the 
giving of a false address. 

(2) Information communicated to a physician in an effort unlawfully to 
procure a narcotic drug, or unlawfully to procure the administration of any 
such drug, shall not be deemed a privileged communication. 

(3) No person shall wilfully make a false statement in any prescription, 
order, report, or record, required by this statute. 

(4) No person shall, for the purpose of obtaining a narcotic drug, falsely 
assume the title of, or represent himself to be, a manufacturer, wholesaler, 
apothecary, physician, dentist, veterinarian, or other authorized person. 

(5) No person shall make or utter any false or forged prescription or writ- 
ten order. 

(6) No person shall affix any false or forged label to a package or receptacle 
containing narcotic drugs. 

(7) The provisions of this section shall apply to all transactions relating 
to narcotic drugs under the provisions of subsection 7 of this statute, in the 
same way as they apply to transactions under all other sections. 

(17) Exceptions and Exemptions Not Required to be Negatpved. — In any 
complaint, information, or indictment, and in any action of proceeding brought 
for the enforcement of any provision of this statute, it shall not be necessary 
to negative any exception, excuse, proviso, or exemption, contained in this 
statute, and the burden of proof of any such exception, excuse, proviso, or ex- 
emption, shall be upon the defendant. 

(18) Enforcement and Cooperation. — It is hereby made the duty of the 
said state board of health, its officers, agents, inspectors, and representatives, 
and of all peace officers within the state, and of all county attorneys, to en- 
force all provisions of this statute, except those specifically delegated, and to 
cooperate with all agencies charged with the enforcement of the laws of the 
United States, of this state, and of all other states, relating to narcotic drugs. 

(19) Penalties. — Any person violating any provision of this statute shall 
upon conviction be punished, for the first offense, by a fine not exceeding five 
hundred ($500.00) dollars, or by imprisonment not exceeding six (6) months, 
or by both such fine and imprisonment, in the discretion of the court ; and for 
any subsequent offense by a fine of not exceeding two thousand ($2,000.00) 
dollars, or by imprisonment not exceeding two (2) years, or by both such fine 
and imprisonment, in the discretion of the court. 

(20) Effect of Acquittal or Conviction Under Federal Narcotic Laws. 
— No person shall be prosecuted for a violation of any provision of this statute 
if such person has been acquitted or convicted under the federal narcotic laws 
of the same act or omission which, it is alleged, constitutes a violation of this 
statute. 

(21) Interpretation — Uniform Narcotic Drug Law. — This statute shall 
be so interpreted and construed as to effectuate its general purpose, to make 



§ 1452-1 1934 Supplement 50 

uniform the laws of those states which enact it. This statute may be cited as 
the Uniform Narcotic Drug Law. 1934, XXXVIII, 1523. 

Section 1450, 1932 code, superseded by 1934/1523. The present section added by 1934/1523. 

§ 1452-1. Arsenate of Lead, Calcium Arsenate, or Poisonous Agricultural 
Insecticide or Fungicide of a White Color to be Discolored. — (1) Sell or 
Possess. — Any person or firm or corporation shall not offer for sale, or expose 
for sale, or have in possession any arsenate of lead, calcium arsenate or any 
poisonous agricultural insecticide or fungicide of a white color unless the said 
poisons are discolored by thoroughly mixing with them not less than one (1%) 
per cent by weight of finely divided lamp black or an adequate quantity of 
some other discoloring material not injurious to plants. 

(2) Commissioner op Agriculture to Enforce. — The commissioner of agri- 
culture may promulgate and issue all necessary rules and regulations to carry 
into effect the full meaning and intent of this section. He may call to his assis- 
tance all peace officers to enforce the provisions of this section. 

(3) Unlawful to Sell or Possess Unless Discolored. — It shall be unlawful 
for any person or firm or corporation to sell, offer or expose for sale or have in 
possession for sale, any such poison unless the same be first discolored in the 
manner above required. 

(4) Penalty for Violation. — Any person or firm or corporation violating 
any of the provisions of this section shall be guilty of a misdemeanor, and upon 
conviction thereof shall be subject to a fine of not more than three hundred dol- 
lars or imprisonment for a period not exceeding six months. 

(5) Confiscate if not Discolored — Sale. — Any poison described in subsec- 
tion one hereof offered or exposed for sale or in possession for sale or sold by any 
firm, person or corporation without being first discolored as required by sub- 
section one shall be subject to seizure by and confiscation to the state, and 
after discoloration shall then be sold under such rules as may be promulgated 
by the commissioner of agriculture of the state of South Carolina. 1932, XXX- 
VII, 1469 ; 1933, XXXVIII, 235. 

This section is new, 1932/1469, 1933/235. arsenical preparations see § 3268, 1932 code. 
For further restrictions on the sale of 

§ 1464. Sale and Purchase of Eggs and Baby Chicks. — (1) Terms 
Defined. — By this statute eggs are classified as, "cold storage eggs", "shipped 
eggs", or "South Carolina eggs," and as used herein : (a) "Cold storage eggs" 
mean eggs which have been in cold storage or processed; (b) "Shipped eggs" 
means any eggs which were not produced in this state and have been brought 
into this state by any means of transportation and have not been in cold 
storage; (c) "South Carolina eggs" mean eggs produced in South Carolina 
which are fresh and which have not been processed or have not been in cold 
storage; (d) The word "person" as used herein, means any person, indi- 
vidual, firm, association or corporation. 

(2) Sale of Eggs. — It is unlawful for any person, (a) to expose, offer 
for sale, or sell any case of eggs without the classification, as fixed herein, 
and the name and address of the packer stamped thereon, by label or other- 
wise, so that the said matter covers a space of not less than seven (7) inches 
by seven (7) inches; or (b) to expose, offer for sale or sell any pasteboard 
or carton of eggs without first imprinting or stamping thereon in letters not 
smaller than three-eighths (3/8) of an inch in height the classification as fixed 
herein, name and address of the packer; or (c) to expose, offer for sale or sell 



51 Code of Laws of South Carolina § 1510 

eggs in bulk (not in cartons) from any open case, box or other container with- 
out displaying conspicuously on every such open case, box or other container, 
a placard or heavy cardboard not smaller than eight (8) inches by eleven (11) 
inches in size on which shall be legibly and plainly printed in letters not smaller 
than one ( 1 ) inch in height, the classification of said eggs, that is to say, whether 
"cold storage eggs", "shipped eggs", or "South Carolina eggs"; or (d) to 
offer eggs for sale in any newspaper advertisement or circular without plainly 
designating in such advertisement the classification of such eggs. This section 
shall not apply to any person in the state of South Carolina who shall. offer for 
sale or sell fresh eggs produced by his own flock: Provided, This section shall 
not apply to any case of eggs not divested of its interstate character. 

(3) Sale of Baby Chicks. — -It is unlawful for any person to expose, offer 
for sale, or sell baby chicks in the state of South Carolina which were not hatched 
in this state, unless the container in which such baby chicks are exposed, offered 
for sale or sold have plainly written or printed on the outside thereof at some 
place easily to be seen the name of the state in which such chicks were hatched. 

(4) Penalty for Violating Sub-Section 2. — Any person violating sub- 
section 2 hereof shall be declared guilty of a misdemeanor and, upon conviction, 
shall be sentenced within the jurisdiction of the magistrate 's court. 

(5) Enforcement. — The commissioner of agriculture, commerce and in- 
dustries is charged with the enforcement of this section and is authorized to 
make and promulgate rules and regulations to carry out the intent and purpose 
hereof. 1933, XXXVIII, 246. 

This section added by 1933/246. 

§ 1478-1. Employment of Children or Women in Mercantile or Manufac- 
turing Establishments on Sunday Prohibited. — It shall be unlawful for any 
owner, person, firm or corporation, to employ, require, or permit the employ- 
ment of women or children to work or labor in any mercantile establishment, or 
manufacturing establishment, on the Sabbath day, commonly called Sunday. 
The term "mercantile establishment" shall be construed to mean any place 
where goods or wares are offered or exposed for sale, except cafeterias and 
restaurants. The term "manufacturing establishment" shall be construed 
to mean any plant or place of business engaged in manufacturing. The 
commissioner of agriculture, commerce and industries, and factory inspectors, 
are hereby charged with the enforcement of this section, as well as all other 
laws now in force relating to labor. And the said commissioner, and/or his 
duly authorized agents, or inspectors, shall have free access to any place 
where women or children are employed for the purpose of enforcing com- 
pliance with the provisions of this section ; and any person, firm or corporation, 
who hinders or obstructs said commissioner, and/or his duly authorized agents, 
or inspectors, in the performance of their duties, shall be deemed guilty of vio- 
lating this section. Any owner of a mercantile or manufacturing establishment, 
person, firm or corporation, violating any of the provisions hereof shall be guilty 
of a misdemeanor, and, upon conviction, shall be punished by a fine of not less 
than twenty-five ($25.00) dollars, nor more than one hundred ($100.00) dol- 
lars, or imprisonment, not to exceed thirty (30) days, for each and every 
offense. 1934, XXXVIII, 1454. 

This section added by 1934/1454. 

§ 1510. Embezzlement of Public Funds a Felony. — * * * In trials 
under this section, upon production of evidence tending to prove that any such 



§ 1518-1 1934 Supplement 52 

officer or other person has received public funds and failed to account there- 
for as required by law, there shall arise a presumption that the funds received 
and unaccounted for have been fraudulently appropriated by such officer or 
person, and the burden at such stage of the case shall rest upon such officer 
or person to show otherwise. 1934, XXXVIII, 1197. 
The above sentence added by 1934/1197. 

§ 1518-1. Peace Officers Receive No Portion of Fines Imposed for Violat- 
ing" Motor Vehicle Laws. — No municipal policemen, rural policemen, magis- 
trates' constables, sheriffs, deputy sheriffs and highway patrolmen or any 
other peace officer shall receive as compensation any portion of any fine im- 
posed for the violation of the motor vehicle license law or laws relating to 
motor vehicle traffic in this state. All such fines shall be paid over by the 
magistrate, or person collecting same, to the county treasurer of the county 
in which such fines are collected. Any person violating the terms hereof shall 
be deemed guilty of a misdemeanor, and, upon conviction, subject to a fine 
of not less than fifty ($50.00) dollars nor more than one hundred ($100.00) 
dollars or imprisonment for not less than twenty days nor more than thirty 
days. 1934, XXXVIII, 1200. 

This section added by 1934/1200. 

§ 1518-2. Game Wardens and Others Not to Receive Portion of Fine Im- 
posed for Violation of Game and Fish Laws.— It shall be unlawful for any 
game warden or any person to receive any portion of a fine imposed by any 
court for the violation of the game and fish laws of the state of South Caro- 
lina. 1934, XXXVIII, 1415. 

This section added by 1934/1415. 

§ 1549. Magistrates Not to Receive Fees in Criminal Cases; Exception 
in case of Violations of Worthless Check Law. — * * * And Provided, 
further, That the magistrates and constables in Hampton County are author- 
ized in cases of violation of the worthless check law to charge and receive from 
the defendant the following fees, which shall be in addition to their salaries : 
Magistrate, one dollar, constable, two ($2.00) dollars, and mileage as provided 
by law, when prosecutions in such cases are discontinued by settlement or com- 
promise. 1933, XXXVIII, 57. 

The above proviso was added to this section by 1933/57. 

§ 1616. Speed Limits — Display of Municipal Regulations — Log Carts — 
Tractors — Express Highways. — * * * (2) * * * (a) Provided, fur- 
ther, That tractors being used for agricultural purposes with cleats may be 
driven on any state highway in Oconee County, provided written permission 
to do so shall be first obtained from the chief highway engineer or some one 
authorized by him to grant such permission, and from the supervisor of 
Oconee County or any member of his board. The tractors being used for ag- 
ricultural purposes with cleats may be driven on any public road in Oconee 
County not in the state highway system provided written permission to do so 
shall first be obtained from the Supervisor of Oconee County or any member 
of his board. That the supervisor of Oconee County and the chief engineer 
of the state highway department are hereby directed to grant such permis- 
sion whenever requested when in their judgment no material damage to the 
roads or highways will result by such use of same. 1934, XXXVIII, 1256. 

Proviso (a) added subsection 2 by 1934/1256. 



53 Code of Laws of South Carolina § 1617 

Charge that one is guilty of negligence thing about the display of the ordinance 

per se where he violates a city ordinance held not error, where no further instruc- 

further limiting the speed of automobiles tions requested. Brown v. Tweed Lumber 

than that provided by this section, and Co., 167 S. C. 383 ; 166 S. E. 401. 
evidence of wantoness, without saying any- 

§ 1617. Use of Public Highways by Motor Trucks, Semi-Trailer Motor 
Trucks, Semi-Trailers, and Trailers. — (1) Public Policy. — It is hereby de- 
clared to be the public policy of this state that heavy motor trucks, alone or in 
combination with other trucks, increase the cost of highway construction and 
maintenance, interfere with and limit the use of the highways for normal traf- 
fic thereon, and endanger the safety and lives of the traveling public, and that 
the regulations embodied in this section are necessary to achieve economy in 
highway costs, and to permit the highways to be used freely and safely by 
the traveling public. 

(2) Definitions. — When used in this section: "Motor trucks" means any 
motor-propelled vehicle designed or used for carrying freight or merchandise and 
not operated or driven on fixed rails or tracks ; but it shall not include self-pro- 
pelled trucks designed primarily for passenger transportation, though equipped 
with frames, racks or bodies having a load capacity not exceeding 1,500 pounds. 

"Semi-trailer motor trucks" means any motor-propelled truck, not operated 
or driven on fixed rails or tracks, designed to draw, and to support the front 
end of a semi-trailer. The tractor (or motor-propelled truck), together with the 
semi-trailer shall be considered one unit, and the words, "semi-trailer motor 
truck" as used in this section, shall mean and embrace such entire unit. Pro- 
vided, That nothing contained herein shall alter or be construed to alter ex- 
isting law in respect to the licensing of semi-trailer trucks, whereby the motor 
unit and the trailer unit are considered independent units and a license is 
issued to each separately. 

"Semi-trailer" means a vehicle designed to be attached to, and having its 
front end supported by, a motor truck or motor truck tractor, and intended for 
the carrying of freight or merchandise and with a load capacity of over 1,500 
pounds, except farm wagons used as trailers. 

"Trailer" means any vehicle designed to be drawn by a motor truck, but 
supported wholly upon its own wheels, and intended for the carriage of freight 
or merchandise. 

"Persons" shall include individuals, partnerships, associations, trusts and 
corporations, and the receivers, assignees or agents of any of them. 

"Highways" shall include any public road, street, avenue, alley or boulevard, 
bridge, viaduct or trestle and the approaches thereto, within the limits of the 
state of South Carolina. 

"Departments" shall mean the state highway department of South Caro- 
lina. 

"Local authorities" shall mean every county, municipal and local board or 
body having jurisdiction over, and responsibility for the maintenance of, any 
highway other than state highways. 

(3) Operation on Highways. — Any person operating a motor truck, semi- 
trailer or other motor truck combination on or along any state highway shall. 
at all times, operate such vehicle to right of the center of said highway, so that 
the entire vehicle, including its load, shall be, at all times, to the right of the 
center of said highway, except while overtaking or passing other vehicles trav- 



§ 1617 1934 Supplement 54 

eling in the same direction. Any person operating a motor truck, semi-trailer 
or other motor truck combination shall not overtake or pass a vehicle traveling 
in the same direction when the view of the overtaking vehicle is any way ob- 
scured, or when the vehicle to be overtaken is approaching the crest of a hill 
or rounding a curve. 

(4) Trailers. — No person shall use or operate any trailer, as defined by 
this section, on any highway. 

(5) Weight. — No person shall operate on any highway any motor truck 
or semi-trailer truck whose gross weight, including load, shall exceed 20,000 
pounds. 

(6) Height. — No person shall operate on any highway any motor truck 
or semi-trailer motor truck whose height, including any part of body or load, 
shall exceed 12 feet 6 inches, but nothing herein contained shall be construed 
to require the public authorities to provide sufficient verticle clearances to 
permit the operations of trucks with a height of 12 feet 6 inches. 

(7) Width. — No person shall operate on any highway any motor truck or 
semi-trailer motor truck whose total outside width, including any part of body 
or load, shall exceed 90 inches. 

(8) Length. — No person shall operate on any highway any motor truck 
or semi-trailer truck, the overall length of which, including load, is in excess 
of 35 feet. This subsection shall not apply to trucks or semi-trailer trucks 
engaged in the transportation of lumber, poles, piles, and logs from the mill 
or forest to shipping points, or from forest to mill or consumer. 

(9) Certain Authorities May Issue Special Permits. — (a) The state 
highway department and local authorities may, upon proper showing, issue 
special permits, which shall apply to roads or highways under their separate 
jurisdiction and supervision, for the operation of trucks, the operation of which 
would otherwise be prohibited under the provisions of this section, subject to 
the following conditions : 

(1) Any permit under the authority of this subsection shall be in writing, 
which shall at all times be carried in the vehicle operating under the authority 
thereof, and shall contain such other and further restrictions as deemed neces- 
cary in the discretion of the issuing authority. 

(2) Permits issued under the authority of this section by the state highway 
department shall include authority for the operation of such through any mu- 
nicipality on or along the street generally used on such highway route. 

(b) County road authorities and municipal road authorities, in respect to 
roads under their sole supervision, may prohibit or limit the use of such roads 
by reducing the limitations fixed by this section, if, in their discretion, such 
additional restrictions are proper and necessary : Provided, however, That on 
any road or street upon which such limitations shall apply there shall be con- 
veniently and conspicuously posted such further restrictions showing the per- 
mitted maximum limits (weight, length and height) permitted over such 
thoroughfares. Provided, further, That no limitations shall be established by 
any county, municipal or other local authorities pursuant to the provisions of 
this subsection that would interefere with or interrupt traffic as authorized 
hereunder over state highways, including officially established detours for such 
highways, including where such traffic passes over roads, streets or thorough- 
fares within the sole jurisdiction of such county, municipal or other local au- 



55 Code of Laws of South Carolina § 1617 

thorities, unless such limitations and further restrictions shall have first been 
approved by the state highway department. 

(10) Exemptions. — (a) The provisions of this section shall not apply to 
motor trucks, semi-trailer motor trucks or trailers, owned by any agency of, 
the United States, the state of South Carolina, or any county or city or in- 
corporated town therein, nor the equipment used only in husbandry, such as 
harvesting machines, threshers, and binders constructed so that they can be 
moved or propelled on the public highways. 

(b) The state highway department, county highway authorities, and mu- 
nicipal authorities may each issue special permits applying respectively to state 
highways, county highways and streets of municipalities, for the transportation 
of such over-size, over- weight, or over-length commodities as cannot reasonably 
be dismantled, and for the operation of such over-weight or over-size trucks, 
whose gross weight, including load, height, width or length, may exceed the 
limits prescribed in this section, as may reasonably be necessary for the trans- 
portation of such commodities, but such permits shall be issued subject to the 
following conditions: 

(1) Any permit issued by the state highway department, or county road 
authorities, for the operation of a truck failing to come within the limits estab- 
lished by this section or other limits already fixed by law, shall be in writing and 
shall be limited to one trip of the truck authorized to be moved or operated, 
as well as to the roads which are to be traversed by the said truck. Any such 
permit shall contain such further restrictions as in the discretion of the issuing 
authorities may seem appropriate. 

(3) In the case of any truck operated under the terms of any permit con- 
templated by this section, whether the same be issued by the state highway 
department, county road authorities or by municipal authorities, the operator 
shall carry in the said truck the permit for such operation so that it may be 
available at any time for public inspection. 

(4) The operation of any motor vehicle, semi-trailer, or trailer in viola- 
tion of the terms of any such permit, shall constitute a violation of this section. 

(5) Provided, That any permit issued by the state highway department 
shall give the holder thereof the right of passage over any part of the state 
highway system, and all officially established detours thereof, including streets, 
roads and thoroughfares within the limits of any county, municipality or other 
local authority that are customarily used as a part of the state highway system. 

(c) The provisions of this section shall not apply, prior to December 31, 
1934, to any motor truck, semi-trailer, or trailer, which has been registered and 
on which has been paid the annual registration fee as provided by the law of 
this state, before the date upon which this section shall become effective, but 
shall, as to such trucks, be and become in full force and effect on and after 
December 31, 1934. 

(d) The provisions of this section shall not apply to telephone, telegraph 
or electric power companies, hauling by means of their own vehicles, their own 
materials and equipment for construction or maintenance of their own prop- 
erty. 

(11) Penalties. — The operation of any motor truck, semi-trailer motor 
truck or trailer, in violation of any section of this section, or of the terms of 
any special permit issued hereunder, shall constitute a misdemeanor, and the 



§ 1617 1934 Supplement 56 

owner thereof, if such violation was with his knowledge or consent and the 
operator thereof shall on conviction be fined not more than fifty ($50.00) dol- 
lars, or imprisoned for not more than thirty (30) days. 

(12) Enforcement. — Any officer hereinafter in subsection 13 enumerated, 
having reason to believe that the height, length, width or weight of any motor 
truck, semi-trailer motor truck or trailer, is in excess of the maximum limits 
prescribed by this section permitted by any special permit issued under the 
terms hereof, is authorized to measure or weigh the same, either by means of 
portable or stationary scales, in the event such scales are on the route of said 
vehicle. Said officer shall require the operator of said motor truck, semi-trailer 
motor truck or trailer, to unload immediately such portion of load as may 
be necessary to decrease the gross weight of such vehicle to the maximum gross 
weight permitted by this section or by the terms of any special permit in the 
possession of such operator and issued under the provisions of subsection 10 
(b) hereof (which excess load, when unloaded, shall be at the sole risk of the 
owner). The refusal of any such operator to permit his motor truck, semi- 
trailer motor truck or trailer to be measured or weighed or to proceed to a 
stationary scale, or to unload the excess load, shall constitute a violation of 
this section. 

(13) Enforcement — Officers — Powers and Duties — Rights of Accused. 
— Any peace officer, including sheriffs and their deputies, constables, police 
officers and marshals of cities or incorporated towns, county police or patrols, 
state or county license inspectors and their deputies, and special officers ap- 
pointed by any agency of the state of South Carolina for the enforcement of 
its law relating to motor trucks, now existing or hereafter enacted, shall be 
authorized, and it is hereby made the duty of each of them to enforce the pro- 
visions of this section and to make arrests for any violation or violations thereof, 
and for violations of any other law relating to motor trucks, without warrant 
if the offense be committed in his presence, and with warrant if he does not 
observe the commission of the offense. When in pursuit of any offender for 
any offense committed within his jurisdiction, any such officer may follow 
and effect an arrest beyond the limits of his jurisdiction. If the arrest be made 
without warrant, the accused may elect to be immediately taken before the 
nearest court having jurisdiction, whereupon it shall be the duty of the of- 
ficer so to take him. If the accused elect not to be so taken, then it shall be 
the duty of the officer to require of the accused a cash bond in a sum of not 
less than $25.00 for which the officers shall give a receipt stating the time and 
place where and when the accused is required to appear ; conditioned that the 
accused binds himself to appear in the nearest court having jurisdiction at the 
time fixed in the bond. In case the arrested person fails to appear on the day 
fixed, the bond shall be forfeited in the manner as is provided for the for- 
feiture of bonds in other cases. 

(14) Severability.— If any provision of this section is declared unconsti- 
tutional or void for any reason or the applicability thereof of any person or 
circumstances is held invalid, the validity of the remainder of the section and 
the applicability of such provisions to other persons and circumstances shall 
not be affected thereby. It is the intention of the general assembly that, if this 
section cannot take effect in its entirety because of the judgment of any court 
of competent jurisdiction holding unconstitutional or void for any reason any 
provision or provisions thereof, the remaining provisions shall be given full 



57 Code of Laws of South Carolina § 1626-1 

force and effect as completely as though the provision or provisions held un- 
constitutional or void had not been included in this section. 1933, XXXVIII, 
341 ; 1934, XXXVIII, 1311. 

§ 1617, 1932 Code, superseded by 1933/ after December 31, 1934, see subsection 9 

341, 1934/1311. The said section number (e) of this section. See § § 1617-1624, 1932 

is retained for convenience. Present 1617 Code, for laws applicable to such exempted 

comes from 1933/341. This section as to motor vehicles, 
certain motor vehicles is not effective until 

§ 1618. Single Vehicles and Train of Vehicles. 

Repealed by 1933 Acts, page 341. 

See § 1617 this supplement and note thereto. 

§ 1619. Weight — Limit — Distribution — Hauling of Cotton. 

Repealed by 1933 Acts, page 3J+1. 

See § 1617 this supplement and note thereto. 

§ 1620. Certain Authorities Authorized to Issue Special Permits. 

Repealed by 1933 Acts, page 341. 

See § 1617 this supplement and note thereto. 

§ 1621. Load Must Not Exceed by 30% Capacity of Vehicles as Indicated 
by License. 

The words "but not subject to the penalty this section repealed by 1933/341. 
provided in section 1624" at the end of 

§ 1622. Exemptions. 

Repealed by 1933 Acts, page 341. 

See § 1617 this supplement and note thereto. 

§ 1623. I. C. C. Loading Rules Applicable— When.— The I. C. C. rules 
relative to the loading of logs and lumber and timber and other freight shall 
apply to the loading of trucks and trailers on state highways, which rules 
and regulations when promulgated shall have the full force and effect of 
law. Any person violating any of the provisions hereof shall upon convic- 
tion be deemed guilty of a misdemeanor, and shall be fined for the first of- 
fense not less than ten dollars nor more than one hundred dollars or be im- 
prisoned not less than ten days or more than thirty days within the dis- 
cretion of the court; and for each subsequent offense shall be fined not less 
than twenty-five dollars nor more than one hundred dollars, or be imprisoned 
not less than thirty nor more than sixty days. 1933, XXXVIII, 341. 

The first sentence of this section comes 341. The last sentence of this section comes 
from § 1623, 1932 Code. The balance of from § 1624, 1932 Code. See § 1617 this 
the said section was superseded by 1933/ supplement and note thereto. 

§ 1624. Violations of Sections 1617-1620, 1622-1624. 

Except as to § 1623 this section repealed plicable thereto placed under § 1623. See 
by 1933/341. The part of this section ap- § 1617 this supplement and note thereto. 

§ 1626-1. Motor Vehicles Stop Before Passing School Bus Taking on or 
Discharging School Children. — All motor vehicles traveling upon the public 
highways of this state are required to come to a full and complete stop be- 
fore passing any school bus which has stopped for the purpose of taking on 
and discharging school children and shall remain stopped until said children 
are taken on or discharged and until such school bus has moved on. Any 
driver of any motor driven vehicle failing to comply with the terms of this 
act shall be deemed guilty of a misdemeanor and fined not to exceed twenty 
($20.00) dollars or sentenced not to exceed twenty (20) days upon the pub- 
lic works of the county. 1934, XXXVIII, 1380. 
This section added by 1934/1380. 



§ 1633 1934 Supplement 58 

§ 1633. Duty of Person Operating Motor Vehicle on Approaching a Horse. 
Cited in Parker v. Simmons, 163 S. C, 42, 161 S. E., 169. 

§ 1636. Driving of Motor Vehicles by Persons Under Influence of Intox- 
icants or Narcotics Unlawful. — It shall be unlawful for any person or persons, 
while under the influence of intoxicating liquors or narcotics to drive or op- 
erate upon any public highway or county road of this state any automobile, 
motorcycle or other motor vehicle. Any person or persons violating the pro- 
visions of this section shall be deemed guilty of a misdemeanor and upon con- 
viction thereof by a court of competent jurisdiction shall be imprisoned for a 
period of not less than twenty (20) or more than thirty (30) days in the 
county jail or upon the county chaingang in the county in which the violation 
occurred, or by a fine of not less than fifteen ($15.00) dollars nor more than 
one hundred ($100.00) dollars: Provided, That for a second offense the sen- 
tence shall be imprisonment for not less than three months nor more than two 
years upon the county chaingang in the county in which the violation oc- 
curred, or in the state penitentiary. 1933, XXXVIII, 281. 

The words "less than $15.00" were added "more" in the second sentence by 1933/281. 
after the word "not" and before the word 

§ 1637. Unlawful to Allow Minor Under Fourteen Years of Age to Op- 
erate Motor Vehicle on Highways. — It shall be unlawful for the owner of any 
motor vehicle to allow any minor under the age of fourteen (14) years to 
drive or operate such motor vehicle upon the public highways of the state. It 
shall be unlawful for any minor under the age of fourteen years to drive or 
operate any motor vehicle upon the public highways of the state, whether or 
not the same be with the consent of their parents or guardians. Any person 
or persons allowing or consenting to a minor under fourteen (14) years driv- 
ing or operating his or their motor vehicle shall be guilty of a misdemeanor, 
and, upon conviction, shall be fined in a sum not exceeding one hundred 
($100.00) dollars, or be imprisoned for a period not exceeding thirty (30) 
days. Any minor under the age of fourteen (14) years who violates the pro- 
visions of this section shall be deemed guilty of a misdemeanor, and, upon con- 
viction, shall be liable to the same penalty as is above provided. 1933, XXXVIII, 
214. 

The age of minors not permitted to increased from "under twelve (12) years" 
operate motor vehicles under this section to "under fourteen (14) years," 1933/214. 

§ 1639-1. Operation of Passenger Cars for Hire, Anderson County. — It 

shall be unlawful for any person, firm or corporation engaged in the operation 
of passenger cars for hire, commonly known as taxis, u-drive-it cars and/or 
cars hired for time and/or trips, to operate any such car in Anderson County 
without having plainly printed on each side of any such car, in not less than 
four (4) inch letters, the word "taxi" or the words "public car." Provided, 
This section shall not apply to cars in temporary use for such purpose or cars 
which have been licensed to operate as taxis for not more than ten (10) days. 
1934, XXXVIII, 1461. 

This section added by 1934/1461. 

§ 1667. Hauling Timber, Etc., Over Highways of Barnwell and Orangeburg 
Counties Regulated. 

See § 1617. 

Failure to Secure Permit. — In action deceased had secured permit to haul logs 
against county for driver's negligent death, it was held that in demurring the defen- 
where the complaint does not show that dant could not assume that deceased had no 



59 Code of Laws of South Carolina § 1751 

permit, and that the failure to secure a a question for the jury and not for the 
permit, if one had not been secured, would court. Ready v. Barnwell County, 167 S. C, 
not itself bar the action, but it would be 62, 165 S. E., 676. 

§ 1707. Penalty for Fraudulently Evading Toll or Fare. * * *.— Pro- 
vided, That in all cases of trespass where the alleged violation of law is based 
upon riding upon a train or car of a common carrier without permission or 
authority, in no case shall the punishment for such trespass be greater than 
imprisonment for five (5) days in the county jail, or the payment of a fine 
not exceeding five ($5.00) dollars. In no case shall any defendant convicted of 
any such trespass be sentenced to service upon any chaingang in this state. 
1932, XXXVII, 1437. 

The above proviso is new, 1932/1437. as it is in the Code it is not reproduced 
There being no other effect on the section here. 

§ 1751. Classification of Birds, Animals and Fish — Open and Closed Sea- 
sons — Fishing Regulations. — For the purpose of this section the following 
classifications shall be recognized : 

(a) Domestic Game Birds. — Blackbirds, pheasants, doves, partridge (quail), 
and wild turkeys. 

(b) Destructive Birds. — Eagles, buzzards, crows, Cooper's hawk, duck 
hawk, English sparrows, great horned owl, jaybirds, loggerheads and sharp- 
shinned hawk. 

(c) Game Animals. — Deer, fox, mink, muskrats, opossums, otter, rabbits, 
raccoons, skunk and squirrels. 

(d) Game Fish. — Jackfish or pickerel, pike, black bass or pond trout, 
striped bass or rockfish, warmouth, red belly bream, copperfaced or ball faced 
bream, yellow-belly perch, sun perch, redfin trout, flyer, crappie, rock bass, 
goggle eye and white perch. 

(e) The open season for hunting domestic game, birds and animals in South 
Carolina shall be from Thanksgiving Day to March 1st, inclusive, except that 
deer (bucks only) may be hunted from August 15th to January 1st, inclusive; 
and raccoon and opossums may be hunted from September 1st, to March 1st ; 
Provided, Between September 1st and Thanksgiving Day rabbits may be 
hunted without firearms, and squirrels may be hunted without dogs. The 
trapping or snaring of quail or wild turkeys is absolutely prohibited, except 
as provided for scientific or propagating purposes : Provided, That the bag 
limit for quail and partridge shall be fifteen per day to the hunter; (1) Pro- 
vided, That the bag limit for wild turkeys shall be two per day and a total 
of twenty per season to the hunter, but no wild turkey shall at any time be 
shot from any natural or artificial blind or hiding place when lured by bait. 
(2) And Provided, further, That the open season for shooting squirrels in 
York County shall open on the first day of November of each year and every 
year, instead of on the first day of September on each and every year, and 
the closing of the season shall be as is now provided by law. The bag limit for 
squirrels shall be fifteen (15) per day. (3) Provided, That the open season 
for shooting quail or partridges in York, Greenville, Chester and Fairfield 
Counties shall open on Thanksgiving Day, in each year, and close on the first 
day of February of each succeeding year; (4) Provided, further, That there 
shall be no trapping of quail in Edgefield County for any purpose, and the 
open season for the hunting of quail in said county shall begin on Thanks- 
giving Day in each year and close on the 15th day of February of each sue- 



§ 1751 1934 Supplement 60 

ceeding year. (5) Provided, That there shall be a closed season on deer in 
Edgefield Comity for a period of five (5) years, during which time it shall 
be unlawful for any one to take, kill or chase deer in said county; and that 
there shall be a closed season on wild turkey in Edgefield County for a period 
of three (3) years, during which time it shall be unlawful for any one to take, 
kill or trap wild turkeys in said county. Any person found guilty of violat- 
ing the terms of this proviso shall, upon conviction by a court of competent 
jurisdiction, pay a fine of not less than twenty-five ($25.00) dollars nor more 
than one hundred ($100.00) dollars, or be required to serve a sentence with 
or without hard labor of not less than ten nor more than thirty days for each 
and every offense. (6) Provided, That for the period beginning with the 25th 
day of February, 1932, and ending January 1, 1937, it shall be, and is hereby 
declared to be unlawful for any person to shoot, chase, catch, trap or kill any 
deer within the county of Bamberg, or within that portion of Allendale County 
lying within two (2) miles of the Salkehatchie River. Any violation of the pro- 
visions of this proviso shall be punishable by fine or imprisonment, or both, 
in the discretion of the court. (8) Provided, further, however, That there 
shall be a closed season on female wild turkeys in South Carolina for a period 
of three (3) years, during which time it shall be unlawful for any one to take, 
kill, chase or hunt any female wild turkeys in this state. Any person found 
guilty of the violation of this proviso shall be deemed guilty of a misdemeanor, 
and, upon conviction, shall pay a fine of not less than twenty-five ($25.00) dol- 
lars nor more than one hundred ($100.00) dollars, or serve a sentence of not 
less than ten (10) days nor more than thirty (30) days for each offense. (9) 
Provided, That the open season for hunting of all kind of game with firearms 
in Newberry County shall be from Thanksgiving Day to February first of each 
year. (10) Provided, That the open season for shooting quail and partridges 
in Chesterfield County shall be from Thanksgiving Day to the 15th day of 
February, both inclusive, of each year. (11) The season for hunting marsh 
hens and rails in Charleston County shall open on October 1 of each year and 
shall close on October 31 of each year. The bagging limit shall be 10 of each 
per day. Any person violating the provisions of this proviso shall be guilty 
of a misdemeanor and upon conviction subject to a fine of not more than one hun- 
dred ($100.00) dollars or thirty (30) days imprisonment. (12) The season for 
hunting quail in Oconee County shall open on Thanksgiving Day, and close on 
the first day of February of each year. 

(ee) It shall be unlawful to take, catch, hunt or kill bald eagles in this 
state. The penalty for each and every violation of this subsection shall be a 
fine of not less than twenty-five ($25.00) dollars nor more than one hundred 
($100.00) dollars, or imprisonment for not more than thirty (30) days. 

(f) Destructive Animals. — Foxes and wild cats may be killed by owners 
and officers of the law upon their holdings and without license at any time. 
Provided, Raccoons and squirrels may be killed by owners of crops from July 
15th, if such animals are destroying said crops. Whenever it shall appear 
that foxes or coyotes are destroying birds, poultry, pigs, lambs or other prop- 
erty in any county in this state the chief game warden, upon the written re- 
quest of a majority of the legislative delegation of any such county, shall de- 
clare an open season on foxes or coyotes in the county or counties suffering 
from such destruction and for such period of time as said delegation or dele- 
gations may deem desirable. 



61 Code of Laws of South Carolina § 1751 

(g) All domestic birds not named above are non-game birds, and shall not 
be destroyed in any way at any time. 

(h) The taking or catching of the game fish herein named in all clear water 
streams, shall be only with rod and reel, or rod and line or pole and line with 
single bait or by throwing when not more than one lure and line is used by 
the person throwing; Provided, This shall not apply to the fishing with or- 
dinary pole or cane. 

(i) Gill nets (not to extend more than half-way across a stream, lake, or 
pond), traps, seines, trotlines or other device which does not block the pas- 
sage of fish in streams may be used in the muddy streams of the state except in 
the counties of Anderson, Greenville, Oconee and Pickens : Provided, further, 
They be not used within one hundred (100) yards of the mouth of the clear 
water stream emptying into the same : And Provided, further, Gill nets not to 
extend more than half-way across a stream, lake or pond, may be used for 
November 1st, to March 1st, inclusive, which said nets shall not be placed 
closer than one hundred (100) yards to any other net. No traps, nets or other 
devices shall be used at the mouth or inside of any rice field ditches. (1) 
Provided, That it shall be unlawful for any person to use within Greenville, 
Anderson, Pickens and Oconee Counties, or any of the waters thereof, or any 
of the waters contiguous thereto, any net of any description commonly called 
a seine for the purpose of gathering, hemming or driving fish in any of said 
waters. And the word "net" herein shall be deemed and interpreted to include 
any and every device in the nature of a net whether made of cotton, hemp, 
rayon, silk or wire. But the provisions of this proviso shall not prevent the 
use of a circular net commonly called a "landing net" to be used in landing 
a fish, provided it not be over fourteen inches (14 in.) in diameter and eighteen 
inches (18 in.) deep. The said fish shall be caught only with rod and reel, 
or rod and line, or pole and line, with single bait or lure in the hands of the 
operator, or by throwing when not more than one lure and line is used by the 
person throwing: Provided, That when the pole and line is used, the fisher- 
man may use not exceeding three poles, provided the same be used in his view, 
and he is not required to have the same in his hands all of the time : Provided, 
further, That it shall not be unlawful for a person fishing with pole and line 
to have in his possession and to use at intervals a rod and reel or rod and line. 
The possession of any device of the nature described hereinabove upon or in 
the waters of the counties aforesaid shall be deemed to be an infraction of this 
proviso. Any of the violations of the provisions of this proviso shall be deemed 
a misdemeanor and punishable by a fine of not more than one hundred ($100.00) 
dollars or not more than thirty (30) days imprisonment in the discretion of 
the court. (2) Provided, That the closed season for catching fish from the run- 
ning streams of Newberry County shall be from March 15th to June 1st of 
each year. It shall be unlawful for any person or persons to catch or remove 
any minnows or other fish from the streams of Newberry County for the pur- 
pose of using same as fish bait ; nothing herein shall prevent any one from 
catching fish from his own premises for such purposes : Provided, however, 
That if any one have the consent of such landowner such fish may be caught 
for said purposes. 1932, XXXVII, 1168, 1266, 1312, 1386, 1467, 1480 ; 1933, 
XXXVIII, 333, 387, 398, 447, 552 ; 1934, XXXVIII, 1249, 1404, 1450. 

Subdivision (e) ; proviso 5 added by 1932/ by 1933/387; proviso 10 added by 1934/ 
1266: proviso 6 added by 1932/1168; pro- 1249; proviso 11 added by 1934/1404, and 
viso 8 added by 1933/398; proviso 9 added proviso 12 added by 1934/1450. Subdivision 

5— S. O. C. 



§ 1752 1934 Supplement 62 

(ee) added by 1932/1386. Subdivision (f) : ''Provided, that a seine or net may be used 

The last sentence in this subdivision added in fishing between the first day of Septem- 

by 1932/1312. Subdivision (h) amended by ber and the first day of May." Proviso 1 

1932/1480; 1933/552. Subdivision (i) : The added by 1933/333; proviso 2 added by 

words "except in the counties of Anderson, 1933/387. 

Greenville, Oconee, and Pickens" were 

added at the end of the first sentence in Subdivision (j) of this section, 1932 

subdivision (i), 1933/447. By 1933/447, Code > was omitted by 1933/447. 

the second and third provisos of subdivision For purchase of game by Chester County, 

(i) were substituted for the following: see 1932/1121. 

§ 1752. Violation of Provisions a Misdemeanor — Penalty. — Any violation 
of the provisions of section 1751 shall be a misdemeanor, and upon conviction 
thereof the offender shall suffer penalty of fine of not less than ten ($10.00) 
dollars nor more than one hundred ($100.00) dollars, or imprisonment of 
not less than ten or more than thirty days. 1933, XXXVIII, 438. 

By 1933/438 the minimum tine was reduced from $25.00 to $10.00. 

§ 1755. Penalty for Violation of Game or Fish Law, When Not Other- 
wise Specified. — When not otherwise specified, the penalty for violation of 
any part of the game, bird or fish laws of this state shall be a misdemeanor, 
and, upon conviction thereof, the offender shall suffer penalty of fine of not 
less than ten dollars or more than one hundred dollars, or imprisonment of 
not less than ten or more than thirty days. 1933, XXXVIII, 437. 

By 1933/438 the minimum fine was reduced from $25.00 to $10.00. 

§ 1768. Killing- of Foxes Unlawful — Open Season for Hunting- With Dogs — 
Killing 1 of Fox Doing Damage Lawful. — It shall be unlawful to hunt, shoot, 
trap or kill any fox in this state, or to dig out of the ground or to push or 
drag out of a tree or log any fox or foxes in this state except as hereinafter 
provided : Provided, That fox or foxes may be hunted or run with dogs in 
this state from September 15th until the 15th day of February each year : 
Provided, That in Chester County fox or foxes may be hunted or run with 
dogs from September 15th until March 1st, each year: And Provided, further. 
That any person or persons may shoot, chase or kill any fox or foxes at any- 
time that they are doing anj r damage upon the property of such person or per- 
sons or property under their control : And Provided, further, It shall be un- 
lawful to sell and ship live fox within the state : And Provided, further, Thar 
no person or persons shall chase any fox or foxes as herein provided excepl 
on his or their own land or lands under his or their control. Any person or 
persons violating the provisions of this section shall be punished by a fine 
of not more than twenty-five dollars or by imprisonment for not more than 
thirty days. 1934, XXXVIII, 1416. 

By 1934 proviso relating to hunting sea- making it unlawful to sell or ship live foxes 

son in Chester county added. This section within this state; and exempting Anderson, 

stands as it was enacted by the said Act. Colleton, Spartanburg and Oconee counties 

No mention was made of 1933 Acts, page from certain provisions of this section. 
126, in 1934 act, which amended this section 

§ 1786. License to Enter Public Lands Hunt Wild Duck. — Repealed by 
1934 Acts page 1310. 

§ 1790. Chief Game Warden May Close Season on Domestic Game Dur- 
ing Abnormal Conditions — Sanctuaries. 

Sumter county, game sanctuaries, see 1933/79. 

§ 1800. Closed Season for Sale of Came Fish. — It shall be unlawful for any- 
one to sell game fish during the months of April, May and June of each year: 
Provided, Nothing contained in this section shall be construed to apply to any 
game fish shipped into this state from a point without the state. Any person 



63 Code of Laws of South Carolina § 1817 

or persons violating the provisions of this section shall be deemed guilty of 

a misdemeanor and upon conviction shall be fined not more than one hundred 

($100.00) dollars nor less than twenty-five ($25.00) dollars or imprisonment 

for not less than ten (10) nor more than thirty (30) days, for each and every 

violation hereof: Provided, That the provisions of this section shall not apply 

to persons taking fish from private ponds. 1928, XXXV, 1179 ; 1932, XXXVII, 

1480. 

The provisions relating to the shipment See § 1800-1 this supplement for such pro- 
of game fish were repealed by 1932/1480. visions. 

§ 1800-1. Shipping or Carrying Game Fish Out of State.— (1) "Person" 
Defined. — -When used in this section the word "person" includes company, 
partnership, corporation, association, and common carrier. 

(2) Shipping, Transporting of Carrying of Game Fish Out of the State 
Prohibited — Exceptions. — It shall be unlawful for any person to deliver or 
knowingly receive for transportation, or knowingly to transport, by any means 
whatsoever, beyond the limits of the state of South Carolina, any large-mom h 
black bass (micropterus salmodies), or any small-mouth bass (micropterus 
dolomieu), or any jackfish or pickerel, pike, pond trout, striped bass or rockfish, 
warmouth, red-belly bream, copperface or ball-faced bream, yellow-belly perch, 
sun perch, redfin trout, flyer, crappie, rock bass, goggle eye, white perch, or 
other game fish caught in this state : Provided, however, A non-resident of this 
state who is a bona fide holder of a non-resident fishing license, or a citizen of 
this state, is hereby permitted to take or carry with him from the state not 
over fifty game fish during any one calendar week when said fish have been 
caught or taken in accordance with the laws of this state. 

(3) Powers of Game Warden. — It shall be lawful for any game warden or 
other officer of the law to search, upon reasonable information, any package or 
container containing fish, and to seize and hold said fish as evidence and to de- 
clare said fish forfeited, upon conviction of the offender, sell said fish to the 
highest bidder. 

(4) Penalty for Violation. — Any person who shall violate any of the pro- 
visions of this section shall, upon conviction, be punished by fine of not less than 
twenty-five ($25.00) dollars nor more than one hundred ($100.00) dollars, or im- 
prisonment for not less than ten (10) nor more than thirty (30) days for each 
and every offense. 

(5) No Effect on Shipments Originating and Terminating Outside of 
the State. — Nothing in this section shall be construed to prevent the shipment 
in interstate commerce of live fish and fish eggs for breeding or stocking purposes 
when said shipment shall originate outside of the state of South Carolina and 
terminate outside of the state of South Carolina. 

(6) Disposition of Fines or Proceeds from Sale of Fish. — That all fines or 

proceeds from sale of fish under this section shall be immediately transmitted to 

the chief game warden for credit of the game protection fund, 1932, XXXVII, 

1480. 

This section is new, 1932/1480. Subs. § 1751. See note to § 1800. 
5A and 5B of original Act are inserted in 

§ 1817. Obstructions in Streams — Closed Time — Seines and Nets — Dispo- 
sition of Fines. 

Seining of fish prohibited in Anderson, see 1933/333. 
Greenville, Oconee, and Pickens counties, 



§ 1828-1 1934 Supplement 64 

§ 1828-1. Fishing in Lake Murray Regulated.— (1) Trolling— Bass ok 
Trout— Number — Size. — Fishing in Lake Murray shall be regulated as fol- 
lows, to wit: The use of a hook pulled behind a boat, commonly known as 
trowling, shall be limited to one line per boat, except when there is more than 
one person in a boat, in which case such boat shall be limited to two lines; 
and that the number of bass and/or trout which any one person may be per- 
mitted to catch or have in his or her possession taken from the waters of Lake 
Murray in any one clay shall not be over ten (10), and that the size of any 
bass or trout caught or taken from said Lake Murray, or which any person 
may have in his or her possession as taken or caught from said Lake Murray, 
shall not be less than six (6) inches in length. It shall be unlawful to use baskets 
in Lake Murray at all times, and the penalty for violation hereof shall be as 
now provided by law for fish and game in this state. 

(2) Enforcement — Use of Fines Collected — Extra Wardens During 
September and October. — The provisions of this section shall be enforced by 
the game wardens of the counties of Lexington, Newberry, Saluda and Richland. 
The penalties growing out of violation hereof shall be paid over to the chief 
game warden and he shall use so much of the said fines as is necessary to sup- 
plant the salaries received by the game wardens from the four counties men- 
tioned until each of their salaries amounts to the sum of one hundred and fifty 
($150.00) dollars per month: Provided, further. That the chief game warden 
may, during the months of September and October appoint an extra game 
warden from each of said counties. 

(3) Jurisdiction. — Subsections 1 and 2 hereof shall apply to the waters of 
Lake Murray from Blacks Bridge down to the Saluda Dam and from the 
Old Cherokee Road on Little Saluda River down to the Saluda Dam. 

(4) Catching of Non-Game Fish in Waters Above Blacks Bridge — Permit 
Necessary to Trap Fish — Penalty for Trapping Game Fish. — Hereafter in 
the waters above Blacks Bridge on Lake Murray traps, or nets of not less than 
one and one-quarter inch mesh may be used at any time in the catching of non- 
game fish, only: Provided, That no one be allowed to trap fish in Lake Murray 
without first procuring a permit from J;he chief game warden or one of the sev- 
eral county game wardens to set such traps for the purpose of taking non-game 
fish, only. This permit to be furnished free upon application. Upon conviction 
for taking game fish in traps said permit to be revoked for six (6) months for 
the first offense ; upon conviction for a second offense, the person so convicted 
shall be subject to a fine of twenty-five ($25.00) dollars, or not more than thirty 
days imprisonment and permit revoked. 1932, XXXVII, 1370 ; 1933, XXXVIII, 

507. 

This section is new, 1932/1370; 1933, XXXVIII, 507. 

§ 1860. Unlawful Liquors May Be Seized — Limitations on Actions There- 
for. 

Evidence obtained by officers who ar- missible. State v. McMillen, 170 S. C. 182; 
rested defendant without warrant of arrest 170 S. E. 143. 
and search for transporting liquor held ad- 

§ 1863. Reports of Seizures of Alcoholic Liquors in Laurens County. 

Insofar as rural police is concerned, this section is repealed, see 1933/10. 
§ 1866. Persons Violating Law May Be Arrested Without Warrant. 
Evidence obtained by arrest without war- liquor held admissible. State v. McMillen, 
rant of arrest and search for transporting 170 S. C. 182; 170 S. E. 143. 



65 Code of Laws of South Carolina §1908 1 

§ 1891. Alcoholic Liquors Defined. 

See § 1908-1, which defines "non alcoholic they contain not in excess of 5% of alcohol 
and non intoxicating beverages," and pro- by volume, 
vides for the sale of such beverages when 

§ 1905. Smoke Screen Attachments in or on Motor Vehicles Unlawful. — 

It shall be unlawful for any person to drive upon any road or highway within 
this state or to have in possession any motor vehicle to w r hich is attached or 
unattached, or in which is transported any device or substantial part of a device, 
attached or unattached, used in whole or in part for the emission of any smoke 
screen, or any noisome gases or odors. 1934, XXXVIII, 1365. 
Words in italics added by 193-4/1365. 

§ 1908-1. Beverages of Not More Than 5% Alcohol by Weight.— (1) 

Non-Alcoholic and Non-Intoxicating Beverages. — All beer, ales, porter and 
all other similar malt or fermented beverages containing not in excess of 5% 
of alcohol by volume shall be and are hereby declared to be non-alcoholic bev- 
erages, and non-intoxicating. 

(2) Tax— Use of Proceeds. — There shall be levied and collected on all beers, 
ales, porter, wine and/or other similar malts or fermented beverages, contain- 
ing not more than 5% of alcohol by volume or by whatever name such beverages 
may be called, offered for sale in this state, a tax of fifteen (15c) cents per 
gallon : Provided, however, That if such beer, ale, porter, wine and/or other 
similar malts or fermented beverages be offered for sale in bottles there shall be 
levied and collected a tax of two ($0.02) cents for every bottle containing not 
more than twelve (12) ounces, and one ($0.01) cent for every additional six 
(6) ounces or fractional part thereof. The taxes and license fees above pro- 
vided for shall be paid to the South Carolina tax commission, 40% of which shall 
be paid into the state treasury for ordinary state purposes, 40% to the county 
in which the wine or beer was sold at. retail for general county purposes, and 
20% to the city, town or incorporated village in which the wine or beer was sold 
at retail. In ease of sale outside of towns, cities or incorporated villages, 50% 
of the tax and license fee shall be paid into the state treasury for school pur- 
poses and 50% to the county in which the wine, and beer was sold for general 
county purposes. 

(3) Collection and Payment of Taxes — Administration by Tax Com- 
mission. — The tax provided herein shall be paid by affixing stamps or crowns, 
approved by the South Carolina tax commission, to each individual bottle or 
container or in such other manner as the tax commission by regulation may 
designate. The administrative provisions contained in sections 2521 to 2554, 
inclusive, wherever applicable, are hereby adopted for the administration and 
enforcement of this section. The South Carolina tax commission is hereby au- 
thorized, empowered, and directed to promulgate rules and regulations for the 
payment and collection of taxes hereby levied. The cost of stamps, supplies, 
etc., and the administration of this section shall be paid out of the proceeds 
derived from the collection of this tax upon warrants drawn by the tax com- 
missioner upon the state treasurer. 

(4) Examine and Inspect Records of Dealers. — The South Carolina tax 
commission or any agent or representative designated by it for that purpose 
and /or any and all peace officers or police officers of the state of South Caro- 
lina shall have the power to enter upon the premises of any person, firm or 
corporation selling or offering for sale any beer, ales, porter or wine, malt or 



§ 1908-1 1934 Supplement 66 

any beverage without a warrant and examine or cause to be examined any 
books, records, papers, memoranda, or commodities and to secure any other in- 
formation directly or indirectly pertaining to the enforcement of this section. 

(5) Permit to Sell — Taxable on Delivery to Consignee. — Every person, 
firm or corporation engaged in the business of selling beer, ale, porter, wine 
or any beverage legalized under the provisions hereof, shall apply to the South 
Carolina tax commission for a permit to sell such beverages. Retail dealers 
shall pay to the South Carolina tax commission two ($2.00) dollars per an- 
num for retail permits and wholesale dealers shall pay to the South Carolina 
tax commission two hundred ($200.00) dollars per annum for wholesale per- 
mits. Fees for all permits shall be payable January 1st of each year or be- 
fore commencing the sale of beverages legalized herein. "A retailer" is hereby 
defined as being a dealer who sells beverages, referred to herein, in quantities of 
five (5) gallons or less and wholesale dealers are defined as being dealers who 
sell in quantities of more than five (5) gallons. Should a dealer sell in quan- 
tities of more than five (5) gallons and less than five (5) gallons in the same 
place of business, they shall be required to procure both wholesale and retail 
permits. 

Permits shall be issued for calendar years upon the payment of the fees pro- 
vided herein for a full year. Separate permits shall be required for each sepa- 
rate place of business. 

The fees charged for permits herein shall be prorated quarterly on January 
1st, April 1st, July 1st and October 1st of each year, and any dealer commenc- 
ing business during one of these quarters shall be required to pay for the 
quarter in which business is commenced and for the quarters during the re- 
mainder of the year, but no refund shall be made to a dealer who ceases bus- 
iness after securing a permit. 

In addition to the penalties provided herein, the tax commission may re- 
voke the permit of any person, firm or corporation failing to comply with any 
or all of the requirements hereof. 

Any dealer, wholesale or retail, failing to secure permits required in this 
subsection shall be guilty of a misdemeanor and upon conviction shall be 
subject to a fine of not less than ten ($10.00) dollars nor more than one hun- 
dred ($100.00) dollars, or imprisonment not less than ten (10) days nor more 
than thirty (30) days in the discretion of the court. Each day that such bus- 
iness is carried on without a permit shall constitute a separate offense. 

All of the licenses and taxes imposed by this subsection shall also apply 
to any and all beers, ales, porter, wine and/or other similar malt or fermented 
beverages containing not more than 5% alcohol by weight which may be shipped 
into this state for the purpose of distribution after it has lost its interstate 
immunity. A shipment shall be considered to have lost its interstate immunity 
when delivery has been made to the consignee in this state. 

Out of the revenues provided in this subsection there is hereby appropri- 
ated for school purposes the sum of twenty-four thousand ($24,000.00) dol- 
lars annually, which shall be credited by the state treasurer to the account of 
state aid for public schools. 

(6) Unlawful to Sell Unless Tax Thereon Paid — Penalty. — It shall 
be unlawful for any person, firm or corporation to sell or permit to be sold, 
any beer, ale, porter, wine, malt, or any beverage authorized to be sold here- 
under, on which the tax levied be not paid; and any person having charge of 
the sale of such fermented malt or beverages who shall sell or permit them 



67 Code of Laws of South Carolina § 2026 

to be sold in violation of the provisions of this section, shall be deemed guilty 
of a misdemeanor, and shall be fined for each offense not less than twenty- 
five ($25.00) dollars nor more than one hundred ($100.00) dollars, or imprison- 
ment for a period of not less than ten (10) days nor more than thirty (30) 
days in the discretion of the court. 

(7) Taxes Herein in Lieu of Others. — The taxes provided for herein 
shall be in lieu of all other taxes on beer and wine, state, county or municipal. 

(8) Alcoholic Liquors or Beverages in Statutes Constructed. — "Wher- 
ever in the penal and civil statutes of the state as enacted prior to the approval 
hereof the words "alcoholic liquors or beverages" or like words appear, said 
words shall be construed to mean alcoholic liquors or beverages of greater than 
alcoholic content than 5% by volume. 1933, XXXVIII, 287, 576; 1934, XXX- 
VIII, 1439. 

This section added by 1933/2S7, 576; 439; Jasper County, 1933/426; Kershaw 

1934/1439. County. 1933/511 ; McCormick County, 1933/ 

Disposition of beer revenue: Charleston 439; Williamsburg County, 1933/581; York 

County, 1934/1589 ; Cherokee County, 1933/ County, 1933/439. 

§ 1938. Sheriff to Have Custody of Jail, Etc.—* * * (a) Provided, 

That in the county of Florence, the governing board of Florence County shall 

have the custody of the jail and shall have the right to appoint a jailer to 

keep it, and the sheriff of said county is relieved from the duty of safely 

keeping in prison any person delivered or committed to said jail or prison 

according to law. 1934, XXXVIII, 1219. 

Proviso a added by 1934/1219. or from Saluda County chaingang or jail, 

Acceptance or discharge of convicts to 1933/317. 

§ 1978-1. State Penitentiary May Permit Use of Convicts upon State 
Highways or Other Public Projects. — The board of directors of the state pen- 
itentiary hereby are authorized and empowered to permit the use of convict 
labor on state highway projects or other public projects that may be practical and 
consistent with the safe guarding thereof. The state highway commission and/or 
other agencies of the state charged with the making of any public improvement 
for the benefit of the state may apply to the board of directors of the state pen- 
itentiary for such convict labor as in their judgment could be used to ad- 
vantage in such highway projects or other public improvement or develop- 
ment. If in the judgment of the said board of directors such labor can with 
safety be devoted to any such highway projects or other public purposes, the 
board of directors of the penitentiary shall be authorized and empowered 
to devote such labor to such public use or uses. In all such work, the labor 
so employed shall be under the officers appointed and designated by the 
board of directors of the state penitentiary ; but the direction of such work 
on any such highway project or other public improvement shall be under 
the control and supervision of the person or persons designated by the agency 
charged with the duty of performing such work or making such improvement. 
The authorities herein designated to let such labor and to use the same may make 
such contract with respect thereto as they may mutually determine upon. 
1933, XXXVIII, 527. 

This section added by 1933/527. 

§ 2026. Management. — * * * The duties and powers of superintendent 
of the industrial school for girls are hereby devolved upon the superintendent 
of the State Training School. Provided, further y That the superintendent is 
hereby authorized, in his discretion, to transfer inmates of the industrial school 



§ 2052 1934 Supplement 68 

for girls to the state training school. Provided, further, That the superintendent 
is hereby authorized to refuse admission of any person to the industrial school 
for girls beyond the normal capacity of the institution. 1934, XXXVIII, 1655. 
Above proviso added by 1934/1655. 

§ 2052. Apportionment of Representatives. — Until the next apportionment 
the representatives of the several counties in the House of Representatives 
shall be as follows : Abbeville, two ; Aiken, three ; Allendale, one ; Anderson, 
six; Bamberg, one; Barnwell, two; Beaufort, two; Berkeley, two; Calhoun, 
one ; Charleston, seven ; Cherokee, two ; Chester, two ; Chesterfield, two ; 
Clarendon, two ; Colleton, two ; Darlington, three ; Dillon, two ; Dorchester, 
one ; Edgefield, one ; Fairfield, two ; Florence, four ; Georgetown, two ; Green- 
ville, eight ; Greenwood, three ; Hampton, one ; Horry, three ; Jasper, one ; 
Kershaw, two ; Lancaster, two ; Laurens, three ; Lee, two ; Lexington, three ; 
McCormick, one ; Marion, two ; Marlboro, two ; Newberry, three ; Oconee, two ; 
Orangeburg, five ; Pickens, two ; Richland, six ; Saluda, one ; Spartanburg, 
eight; Sumter, three; Union, two; Williamsburg, three; York, four. 1932, 
XXXVII, 1111. 

Under the reapportionment of 1932 Char- one : while Greenville gained two, and 
leston. Clarendon, Edgefield and Saluda lost Horry and Spartanburg gained one. 

§ 2081-1. Supply Bill of County for Preceding Year Effective if No Sup- 
ply Bill Enacted. — In the event that no supply bill is enacted to provide for 
the county government of any county of the state, then and in that event the 
appropriations, terms and conditions contained in the supply bill of such county 
for the year just preceding shall be continued for the year for which no supply 
bill is enacted. 1934, XXXVIII, 1688. 

This section added by 1934/1688. 

§ 2090. Public Printing Regulated. — (1) The joint committee on printing 
shall, as in their judgment may seem proper, and thereafter at such times as 
they may deem best for the interest of the state, cause to be published in at 
least one daily newspaper in each of the counties of Richland, Charleston, 
Spartanburg and Greenville, for at least one day in each week for three con- 
secutive weeks, a call for sealed proposals to do the public printing for the 
general assembly and reports of state officers, boards and commissions of the 
state. The proposals shall state at what price per page the bidder will exe- 
cute the several classes of work, respectively, and what additional charge per 
page he will make for rule and figure work. The clerk of the joint commit- 
tee on printing shall furnish bidders with specifications of the different classes 
of printing to be done. Proposal for the public printing, enclosed in envelope, 
sealed with wax, and endorsed "Proposals for the Public Printer," shall be 
filed with the clerk of the joint committee on printing within five days of 
the date advertised by the joint committee on printing for the awarding of 
the contract for public printing, and said proposals shall be opened by the 
chairman of the joint committee on printing, or, in his absence, by the chair- 
man acting, in the presence of the said committee; and the contract may be 
awarded by said joint committee on printing to the lowest responsible bidder. 
If the bids received be deemed unacceptable, the joint committee may reject 
all bids and call for new bids : Provided, That the joint committee on printing 
is hereby prohibited from making a contract to extend beyond a period of 
two years: Provided, The joint committee on printing is hereby directed to 
purchase with such funds as the general assembly may from time to time pro- 



69 Code op Laws of South Carolina § 2099 

vide, all stationery, office supplies, furniture, fixtures and office equipment in 
the discretion of the committee, as may be required by the general assembly 
and the several departments, boards and commissions of the state government 
and the heads of such departments, boards and commissions are hereby re- 
quired to make purchases of all such supplies, furniture and equipment from 
the joint committee on printing, payment for which shall be made by warrant 
drawn by the Comptroller General. The clerk of the joint committee on print- 
ing shall refund all collections from such sources to the State Treasurer : Pro- 
vided, further, The Comptroller, before issuing his warrant for any bill or 
voucher for binding, engraving, lithographing, printing, stationery, furniture, 
fixtures, or office supplies, equipment, shall see that the same is duly approved 
by the clerk of the joint committee on printing, and shall refuse to issue his 
warrant for any not so approved, whether such are to be paid from moneys 
derived, fees, licenses, taxes or otherwise. Provided, further, That all ser- 
viceable office furniture and equipment of all state departments not in use 
shall be reported and given into the possession of the joint committee on print- 
ing, and it shall be the duty of the committee to allocate and distribute such 
furniture and equipment to any other department which may require the use 
of any such articles of furniture and equipment as may be in possession of 
the said joint committee on printing. Provided, further, That all furniture 
and equipment which may be abandoned as unfit for further use shall be sold 
by the sinking fund commission, as heretofore provided. 

(2) The joint committee on printing is hereby authorized to contract for 
the printing of the supplements to the code provided for by section 2118 of 
the 1932 Code. Said contract may be awarded for a period of ten years under 
such terms as the joint committee on printing may see fit. 

(3) The state treasurer is hereby authorized, empowered and directed to 
set aside from the accumulated unexpended balances of the revolving fund 
heretofore appropriated for the purchase of office supplies by the joint com- 
mittee on printing, the sum of ten thousand ($10,000.00) dollars, which he 
shall set up as a permanent and continuing revolving fund for the purchase 
of office supplies or such other commodities as the general assembly may here- 
after direct, to be administered by the joint committee on printing. 1932, 
XXXVII, 1187 ; 1933, XXXVIII, 630. 

This section was amended to include fur- graph one added by the said 1933 act. 
niture, fixtures and office equipment by Paragraph two added by 1932/1187. 
1933/630. The last two provisos to para- 

§ 2096. Reports by Departments and Institutions to General Assembly. — 

An t y department or institution of the state government which is by law re- 
quired to submit an annual report to the Governor or the general assembly 
shall submit same covering a period from July first to June thirtieth. The 
said departments and institutions shall submit the copy for such annual re- 
ports to the joint committee on printing not later than September first each 
year, and it shall be the duty of the said committee to have the same printed as 
may be provided by law : Provided, That the Governor, the general assem- 
bly, or either branch thereof by resolution, is authorized to call upon any de- 
partment or institution any time for such special reports as may be deemed 
in the interest of the public welfare. 1933, XXXVIII, 490. 
This section superseded former § 2096, 1933/490. 

§ 2099. Printing of Acts and Joint Resolutions. — Nothing shall be ap- 
pended after the last section of the acts and joint resolutions of the general 



§ 2104 1934 Supplement 70 

assembly of this state except the date of the Governor's approval. Not more 
than one inch of space shall be allowed between the ending of one act or joint 
resolution and the beginning of the next act or joint resolution (except where 
an act or joint resolution ends within two inches of the bottom of the page) ; 
and there shall be no charge by, or payment to, the state printer for any un- 
necessary fact in the publication of said acts and joint resolutions. 1934, 
XXXVIII, 1329. 

Paragraph 1 of this section was amended 2 of this section remains unchanged, 
by 1934/1329, as shown above; paragraph 

§ 2104. Compilation of Acts and Joint Resolutions. 

Repealed by 1934- Acts, page 1329. 

§ 2111. Code Commissioner — Election — Term — Vacancy. — A code commis- 
sioner shall be elected by the general assembly, who shall hold office for a term 
of ten years, and until his successor is elected and qualified ; and shall receive 
such compensation as the general assembly may provide. In case of vacancy 
from any cause, the general assembly shall, as early as practicable, elect a code 
commissioner for the unexpired term : Provided, That if a vacancy shall occur 
during the interim of the meeting of the general assembly, the Governor shall 
appoint the code commissioner, who shall hold office until the general assemblv 
meets. 1934, XXXVIII, 1329. 

Certain obsolete provisions relating to section with former section suggested for 
election, salary, etc., of code commissioner changes, 
deleted by 1934/1329. Comparison of present 

§ 2112. Duties of Code Commissioner.— It shall be the duty of the said 
code commissioner, immediately after his election, to examine the report made 
by his predecessor in office to the general assembly, and, if any, correct all 
errors appearing in the revision submitted with said report; supply all omis- 
sions; omit redundant and obsolete enactments, and such as have no influ- 
ence on existing rights and remedies; and to reduce the public statutes of 
this state, inclusive of such as are passed at the present session, into as concise 
and comprehensive a form as is consistent with clear expression of the will 
of the general assembly; and, in addition thereto, he shall prepare indices and 
cross-indices to said codification, publishing the same in the appropriate vol- 
umes as hereinafter provided, note by annotation the decisions of the Su- 
preme Court of the state of South Carolina under the different sections of the 
statutes codified as herein provided, and also of the Constitution of 1895 of 
said state, and rules of court as herein provided to be published; and he shall 
annually prepare for publication the statutes and joint resolutions passed at 
the preceding session, placing analysis lines at the beginning of each section 
in every act and joint resolution, except county and state supply measures, 
making reference, by act number and year in which act published, to act or 
joint resolution of a previous session when amended or repealed; dividing the 
same into such as may be of a general and permanent kind and such as may 
be local and of temporary nature, with a correct index and cross-index of 
same, and arranging all local and temporary enactments according to counties 
in alphabetical order. 1934, XXXVIII, 1329. 

This section amended by 1934/1329 so as appear. Comparison with the former see- 
to provide how the published acts should tion suggested for changes. 

§ 2114. Printing and Publication of Statutes. — The code commissioner is 
hereby required to furnish the state printer all acts and joint resolutions of 



71 Code op Laws of South Carolina § 2114 

a general and permanent nature passed, and which have been approved by the 
Governor, during each two week period during any session of the general as- 
sembly, and it shall be the duty of the state printer within four days after 
the delivery of such acts and joint resolutions, to furnish the code commis- 
sioner with page proof of all such acts and joint resolutions. Within three 
days after receiving said page proof corrected from the code commissioner, 
the state printer shall print same in signatures; and shall deliver as many of 
such signatures to the code commissioner as the said commissioner may order. 
It shall be duty of the code commissioner on receipt of said signatures to 
send a copy of said signatures to each of the following officers : The Governor, 
Supreme Court justices, clerk of Supreme Court, circuit judges, circuit so- 
licitors, county judges, county solicitors, clerk of court of each county, attor- 
ney general, secretary of state, comptroller general, adjutant general, state 
treasurer, chief bank examiner, chairman of tax commission, chief highway 
commissioner, state health officer, chief game warden, chairman of railroad 
commission, commissioner of agriculture, commerce and industries, insurance 
commissioner, secretary of sinking fund commission, state superintendent of 
education, state librarian, clerk of the house of representatives, clerk of the 
senate, secretary of historical commission, and the members of the general as- 
sembly. The state printer shall not distribute any printed matter from said 
signatures of the acts and joint resolutions unless authorized as hereinabove 
provided. The code commissioner and the committee on statutory laws may 
sell this service on terms agreeable to said committee and commissioner. All 
funds received for said service shall be deposited in the state treasury to the 
credit of the general funds of the state. Within twenty-five days after the ad- 
journment of any session of the general assembly, the code commissioner shall 
furnish the state printer all acts and joint resolutions passed, and which have 
been approved by the Governor, not heretofore furnished the state printer, and 
it shall be the duty of the state printer, within fifteen days after the delivery 
of such acts and joint resolutions, to furnish the code commissioner with page 
proof of all such acts and joint resolutions. The code commissioner shall re- 
turn such page proof corrected to the state printer within fifteen days after 
receiving same, and the state printer shall within fifteen days after receipt 
of such page proof return to the code commissioner printed signatures of such 
page proof. It shall be the duty of the code commissioner to deliver to the 
state printer, within fifteen days after the receipt of the final page proof, a 
complete index of all acts and joint resolutions furnished the said printer, and 
such other necessary copy for the published acts. Within fifteen days after 
the receipt of such index and copy, the public printer shall deliver to the state 
librarian at least five hundred copies of the entire number of such acts and 
joint resolutions contracted for, and deliver the remainder within fifteen more 
days. The style and make-up of the acts shall be in such form as the code com- 
missioner may prescribe: Provided, however, That before any funds are paid 
into the state treasury the expenses of additional supplies, postage, and clerical 
help may be first deducted. Payment of such additional expenses may be made 
on order of the chairman of the committee on statutory laws and the code 
commissioner: Provided, however, That the joint committee on printing may, 
in its discretion, extend the time allowed the public printers, as set forth in 
this section, as may be necessary. 1934, XXXVIII, 1329. 

This section was amended by 1934/1329. printing, publishing and distributing ad- 
The time for printing and publishing the vance sheets of certain acts. 
Acts decreased ; and provisions made for 



§ 2118-1 1934 Supplement 72 

§ 2118-1. Supplements May Be Sold— Use of Proceeds.— The committee on 
statutory laws and the code commissioner are hereby authorized to offer sup- 
plements to the code for public sale at such prices as they deem wise and ex- 
pedient. All sums realized from public sales of the supplements shall be paid 
into the state treasury: Provided, however, That before any sums are paid 
into the state treasury expenses of handling, shipping and clerical help shall 
first be deducted. Payment of such expenses can be made on order of the 
chairman of the committee on statutory laws and the code commissioner. 1932, 
XXXVII, 1186. 

This section added by 1932/1186. 

§ 2118-2. Distribution of the 1932 Code and Supplements.— The Code of 
Laws of South Carolina, 1932, and supplements thereto, shall be distributed by 
the state librarian to the following officers, institutions and governmental de- 
partments and no others : 

(1) To each of the several departments, boards, and commissions of this 
state, one set each. (2) To each justice of the State Supreme Court, one set. 
(3) To each circuit court judge, one set. (4) To each circuit solicitor, one set. 
(5) To each county clerk of court, one set. (6) To each county judge of 
probate, one set. (7) To each county sheriff, one set. (8) To each county 
auditor, one set. (9) To each county treasurer, one set. (10) To each county 
superintendent of education, one set. (11) To each county supervisor, one 
set. (12) To each county master, one set. (13) To each judge of the several 
county courts, one set. (14) To each solicitor of the several county courts, 
one set. (15) To each magistrate in the state, one set. (16) To each of the 
chartered colleges in the state, one set. (17) To the University of South Caro- 
lina, two (2) sets. (18) To Charleston library, two (2) sets. (19) To the Con- 
gressional Library at "Washington, two (2) sets; to the library of the United 
States Supreme Court, one set; to the office of the attorney general of the 
United States, one (1) set. (20) To the libraries of every state in the Union 
which supplies our State library with a set of their official code gratis, one set. 
(21) To each county public library in the state, one set. (22) To each com- 
mittee room of the general assembly, one (1) set; to each officer of the gen- 
eral assembly, one (1) set. (23) All sets of the codes and supplements thereto, 
not distributed as hereinabove provided shall be retained in the custody of 
the state librarian until she is authorized by law to make distribution thereof. 
1932, XXXVII, 1186. 
This section added by 1932/ 11S6. 

§ 2118-3. Duty of Officers Receiving Code and Supplements — Attorney 
General to Enforce. — Each of the state and county officers designated above 
to receive a set of the code and supplements thereto, shall file with the state 
librarian a receipt, acknowledging receipt of same before code shall be delivered 
to him or her. It shall be the duty of each officer receiving a set of the code 
and supplements thereto, to keep same in his or her office, where it may be used 
by the public on business of the state : Provided, That this shall in no wise inter- 
fere with any of the duties now imposed by law on any officer. It shall further 
be the duty of any officer receiving a set of the code and supplements thereto, 
upon leaving office, to deliver to his successor in office the set of the code and 
supplements thereto which he received from the state librarian. Any officer 
leaving office without turning over to his successor the set of the code and all 
supplements thereto delivered to him by virtue of his office shall be liable for 



73 Code of Laws of South Carolina § 2167 

same on his official bond, the value of which is hereby set at twenty-five ($25.00) 
dollars. The said sets of the codes and supplements thereto after distribu- 
tion as herein above provided, to the said officers shall be and remain the prop- 
erty of the state and shall be returned to the state librarian by any person 
who may not be authorized by law to retain the same. It is hereby declared the 
duty of the attorney general to enforce the provisions hereof. 1932, XXXVII, 
1186. 
This section added by 1932/1186. 

§ 2123. Abstract of Corporations. — The secretary of state shall annually 
prepare, cause to be printed, and submit to the general assembly, a true ab- 
stract from the certificates deposited with him by corporations formed under 
the laws regulating the formation of corporations. Said abstract shall contain, 
under proper headings, the corporate name of said corporation, the date of its 
charter, the purpose for which it was incorporated, the names of its corporators, 
its location and amount of capital stock, together with such remarks as he may 
deem necessary. 1934, XXXVIII, 1329. 

Provisions providing for publishing of ab- 1934/1320. 
straets of corporation in acts deleted by 

§ 2146-1. Sinking Fund Commission May Cooperate in the Handling of 
Finances of Sub-Divisions of the State. — The state sinking fund commission, 
as now or hereafter constituted by law, is hereby authorized to cooperate with 
and assist the authorities of the counties, municipalities, school districts and 
other sub-divisions of the state in the handling, in whatever manner may be 
deemed by it desirable in each case, of the financial obligations of such counties, 
municipalities, school districts and other sub-divisions. The state sinking fund 
commission may, upon request of any such authorities, negotiate with the 
holders of such obligations and the authorities of the obligor to the end that 
such extensions and adjustments as may be desirable may be effected and it 
may negotiate with any lending agency and perform any other act or service 
pursuant to the purpose hereof to the end that the credit of the sub-divisions 
of the state and the rights of the holders of their obligations may be mutually 
protected. 1933, XXXVIII, 291. 

This section added by 1933/291. 

§ 2167. Personnel of Forfeited Land Commission. — * * * Provided, fur- 
ther (1) That in Darlington County the county board of directors shall con- 
stitute the forfeited land commission of Darlington County, the duties of which 
shall be to take over the exclusive possession of all real estate forfeited for the 
non-payment and non-redemption of taxes, state, county, school, special, mu- 
nicipal, and also for the non-payment of, licenses and street paving assessments. 

(2) It shall be the duty of said commission after taking over the custody 
and possession of all real estate, to list the same in a book kept for that pur- 
pose; and accompany the same by a short history and abstract of the same, 
giving acreage or dimensions, number and kind of buildings on the same and 
an appraisal in value by the members of the board of equalization nearest the 
property, whether in the county, school district, municipality or industrial 
village. 

(3) The said commission is hereby authorized and empowered in its dis- 
cretion to sell, rent or lease any of the property in its possession upon such 
prices and on such terms and conditions deemed by it wise and expedient; 
Provided, in no instance shall any of such real estate be sold for a price less 



§ 2167 1934 Supplement 74 

than its appraisal or less than the amount of taxes and costs, license and costs ? 
paving assessments and costs. 

(4) The said commission is hereby authorized and empowered to reforest 
or improve any lands coming into its possession by the use of the county con- 
vict outfit and labor for the purpose which is hereby requisitioned. 

(5) The said commission is hereby authorized and empowered in its dis- 
cretion to have crops planted and cultivated by the county convict outfit and 
labor and for use in feeding the county stock, cows and hogs ; for use and 
feeding count}' prisoners working on public works and the inmates of the county 
home, and none of which shall be sold. 

(6) The said commission is hereby authorized and empowered to repair 
and preserve buildings on land in its possession ; Provided, No funds to do 
so may be borrowed, and Provided, further, That such expenditure shall not 
exceed seventy-five per centum of the prospective rental. 

(7) The said commission is hereby authorized and empowered in its dis- 
cretion to employ some competent person to personalty keep the books of the 
office; look after the selling, leasing, and rental of its lands and tenements; 
collect rents and leases, look after and oversee the repairs and improvements, 
plant, protect, gather, and distribute crops and animals on its lands; and to 
turn over to the county or municipal treasurer on the first "Wednesday of each 
month all amounts collected and receive receipt or voucher therefor to balance 
his books. 

(8) The competent person employed shall be known as the agent of the 
commission and before entering upon the duties of his office shall enter into 
a bond in the sum of five thousand ($5,000.00) dollars, payable to the "For- 
feited Land Commission of Darlington County'' for the honest and faithful 
performance of his duties and services; the bond to be approved by said com- 
mission, and given in an approved surely company doing business in this 
state, and for his services said agent shall receive a sum not exceeding five 
(5%) per cent on the gross sale price of real estate he may consummate the sale 
of, and, a sum not in excess of ten (10%) per centum on all amounts collected on 
leases and rentals. 

(9) It shall be unlawful for the agent of said commission to sell or con- 
tract a sale at any price unless by the written consent of all members of the 
commission, or to make rentals, leases, repairs, or incur any costs without the 
written consent of the commission. 

(10) It shall be unlawful for the agent or any member of the commission 
to take, accept, participate in, directly or indirectly, any emoluments, money, 
or thing of value through or by virtue of a sale, rent, lease, crops, farm animals, 
or repairs; and all trades, sales, rentals, leases, repairs, and cropping or farm- 
ing and farm animals shall be solely for the benefit of the state, county, school 
district, or municipality, as the case may be. 

(11) That said commission in making sales of real estate may if it deems 
advisable sell same on terms of at least 20% cash and the balance in yearly in- 
stallments not to exceed four of 20% each. The deferred payments shall bear 
interest at 5% per annum from the date of sale. 

(12) The said commission is hereby requested, as far as practicable and 
convenient to encourage the purchase of property held by it by the default- 
ing tax payer owner thereof. 



75 Code of Laws of South Carolina § 2170 

(13) The proceeds of sale of land shall be divided between the state and 
county and municipality as the interest of each may appear and in accordance 
with law as made and provided. 

(14) The proceeds derived from rentals, leases, sales of timber or other 
stuff severed from the freehold shall go to the county general fund, or to the 
treasurer of the municipality as the interest may appear. 

(15) Any one violating any provisions of this proviso shall be guilty of 
a misdemeanor and be subject to a fine not exceeding five hundred ($500.00) 
dollars, or imprisonment at hard labor for a term of not exceeding two (2) 
years, or both, in the discretion of the trial judge. 1934, XXXVIII, 1224. 

Above proviso added by 1934/1224. forfeited land commission in Colleton 

Sale and conveyance of real estate by County in installments, 1933/532. 

Florence County forfeited land commis- Forfeited Land Commissioner for Flor- 

sioner, bond, and removal of said commis- ence County beld entitled to mandamus to 

sioner, 1934/1580. compel tax collector of Florence County to 

See 1932/1199. which provides for for- deliver tax deeds. Walker, Forfeited Land 

feited land commission of Calhoun County, Com'r. v. Harris, Tax Collector, 170 S. C. 

to borrow. 242; 170 S. E. 270. 

Repurchase real estate sold for taxes to 

§ 2168. Duties.—* * * (a) Provided, That in Chester County the 
forfeited land commission is authorized and empowered in its discretion to 
employ some competent and suitable person to keep the books and records of 
the said commission, look after the selling, leasing and renting of its property 
and collect the purchase price of sales, and rents, and account for same when 
and as required by the commission, and look after the repairs and improve- 
ment of its property that may be necessary ; and for such services pay such 
commission as the commission may deem reasonable, but no commission shall 
be paid on the proceeds of sale of any property which may be sold for or less 
than the amount taxes due at the time when sale for taxes was made. 1934, 
XXXVIII, 1366. 

Proviso added by 1934/1366. 

§ 2170. Sales — Proceeds — Titles. — All lands deeded to the forfeited land 
commission of any county shall be held by them as assets of the county and 
state, and sold to the best interest of the county and state, the proceeds of such 
sales to be turned over by said forfeited land commission to the county treas- 
urer of their respective counties. And the county treasurer shall, at the close 
of his fiscal year, divide such funds, after deducting the expense as warrants 
drawn on him by the forfeited land commission of his county, between the county 
and state in proportion to their respective interests, the county's part to be 
placed in the general county fund, and the state's part to be turned over to 
the sinking fund commission to be applied to reduction of the state debt : 
Provided, That if any tract of land is sold for less than the taxes and penalties 
due thereon that in such case the proceeds of such sale shall be divided between 
the state and county in the proportion of the amount of taxes and penalties due 
each of them. All deeds for lands sold under the authority of this section 
shall be made by the forfeited land commission of the county holding title 
thereto. Provided, That all conveyances heretofore made to and by the sev- 
eral forfeited land commissions are hereby declared valid and of full force 
and effect; and to have been made in accordance with the provisions of this 
amendment. Provided, further, That the forfeited land commission of any 
county may require the sheriff or other officer authorized by law to execute 
a deed to any land which may be bid in by the county auditor, to convey the 



§ 2170-1 1934 Supplement 76 

said land to any purchaser to whom the same may be sold by such forfeited 

land commission, after the said land has been bid in by the county auditor, 

and before the same has been conveyed to the said forfeited land commission. 

1933, XXXVIII, 212. 

This section amended by 1933/212. A section 2170 in 1932 code is suggested for 
comparison of the present section with the changes made. 

§ 2170-1. Counties May Sue to Bar Claims to Property Purchased at Tax 
Sales. — (1) Authorized. — Any county of this state, the forfeited land com- 
mission or other similar authority of which has purchased at tax sale and 
obtained title to any real or personal property, may bring an action in the 
court of common pleas of such county for the purpose of barring all other 
claims thereto. 

(2) Procedure — Defendants. — Such action shall be commenced, conducted 
and concluded by decree as are similar actions in said court and there may be 
made defendants to said action the former owner or owners of said property, 
his, her or its heirs, executors, administrators, successors or assigns and/or 
any other person, firm or corporation who has or claims any right, title, claim, 
interest or lien in or to said property to the end that such rights, titles, interests, 
claims, and/or liens may be adjudicated in said action and forever barred by 
the judgment and decree of the court if such are found to be junior or sub- 
sequent to the title of the county. 

(3) Laws Applicable. — The proceeding herein authorized shall be subject 
to the rules and laws governing the procedure and conduct of similar proceed- 
ings, including the laws governing service of process and the publication thereof 
against absent and/or unknown defendants. 

(4) Defendant's Title Superior to County's— Pay Taxes Due. — In any 
decree or judgment of the court wherein it may be found that a defendant 
has a superior title to that of the plaintiff county, the judgment in favor of 
said defendant shall be upon condition that the taxes and penalties there- 
upon on account of which the property was sold and all taxes which have ac- 
crued since said sale and the penalties thereupon be paid in full within sixty 
days after the date of such judgment and said court shall order the sale of 
said property in the manner of other judicial sales, in default of such pay- 
ment, and from the proceeds of such sale said taxes, costs, and penalties shall 
be first paid. 

(5) Construe Liberally. — This section shall be liberally construed to the 
end that it shall afford a complete remedy to any plaintiff county claiming 
property by forfeiture unto it for non-payment of taxes which can hereunder 
obtain a final and complete adjudication of the nature and extent of its title 
thereto and, in any event, procure a valid sale of property from the proceeds 
of which the unpaid taxes shall be paid. 1934, XXXVIII, 1563. 

§ 2170-2. Owner of Land Sold for Taxes and Bid in by Forfeited Land 
Commission May Sell Portion Thereof on Consent of Commission— Assign 
Bids. — (1) Consent in Writing. — The owner of any property, which has been 
sold for delinquent state and county taxes, and which has been bid in by the 
forfeited land commission may sell all or any part of said property so bid in 
by the forfeited land commission upon securing the approval, in writing, of 
the forfeited land commission, if such land has not heretofore been sold by the 
said commission. 



77 Code of Laws of South Carolina § 2175 

(2) When Sales May Be Made. — The forfeited land commission shall not 
give its approval for the sale of the entire lot or tract unless the owner pays 
all taxes which may at any time be due thereon. In case the owner petitions 
the commission to sell a part thereof, and the commission shall deem it advis- 
able to permit such sale, that from the proceeds of the sale of such part or 
portion of the property involved, the owner shall pay to the forfeited land 
commission not less than seventy-five (75) percent of the entire sale price, 
unless a smaller amount is sufficient to pay all taxes due, and upon such payment 
the said commission shall release the lien for taxes on the property so sold : 
Provided, That such application to the commission must be made by the owner 
within five (5) years from the day following the expiration of the period now 
allowed by law to owners to redeem property sold for taxes. 

(3) Commission Convey Such Property.— Should the title have been made 
by the sheriff to the forfeited land commission, and same has not heretofore 
been sold, that then, and in that event, should the forfeited land commission 
approve application of the owner to sell a portion of the property so bid in, 
as aforesaid, the said commission is hereby authorized to execute and deliver 
to the owner, or anyone whom he may designate, a deed upon payment of the 
said amount as provided in subsection 2 hereof. 

(4) Commission Assign Its Bids. — The forfeited land commission is au- 
thorized and empowered to assign its bids at any time before title deed being 
made pursuant to sale, provided the consideration to be paid for said assign- 
ments shall not be less than the amount of taxes, penalties and costs for which 
the property was sold. Provided, however, That nothing contained herein 
shall apply to the counties of Clarendon, Sumter, York, Jasper and Chester. 
1934, XXXVIII, 1253. 

This section added by 1934/1253. 

§ 2171. Fees of Sheriff. — In case of any delinquent lands being bought in 
and held by the forfeited land commission, the sheriff of such county shall 
receive for his services the following compensation, and no more; for serving- 
warrant and taking exclusive possession of property, one ($1.00) dollar and 
mileage at the rate of five (5) cents per mile for each mile actually traveled; 
for issuing deed to the forfeited land commission, one ($1.00) dollar, and cost 
of advertising as now provided for by law, same to be paid out of ordinary 
county funds on warrant of county commissioners, or such officers in each 
county authorized to issue such warrants : Provided, That in Clarendon County 
and Sumter County and Darlington County, the sheriff shall receive no com- 
pensation in the nature of fees or mileage in cases where lands are bought in 
by the forfeited land commission, but shall perform all of the services required 
by law in such cases without compensation other than the salary of his office. 
1934, XXXVIII, 1233. 

Darlington County added to proviso, 1934/1233. 

§ 2174. Forfeited Land Commission in Clarendon County. 

Redemption of lands sold to Clarendon see 1933/537. 
County forfeited land commission for taxes, 

§ 2175. Forfeited Land Commission of Greenwood County. 

See 1932/1315, which provides for trans- for Greenwood County forfeited land coni- 
fer of real estate sold under tax executions mission, 
and not redeemed, and for revolving fund 

6— S. C. C. 



§ 2176 1934 Supplement 78 

§ 2176. Forfeited Land Commission of Richland County. 

By Acts of 1932, p. 1325, the tax collector mission and to assume all duties imposed 
for Richland County was to act as agent upon the agent and attorney of said com- 
for Richland County forfeited land com- mission, see § 2881-1 (12) this supplement. 

§ 2177. Forfeited Land Commission for Sumter County. — (1) Duties. — 

* * * Provided, however, That the said forfeited land commission may sell 

any lands owned by it at such price, and upon such terms, as to said forfeited 

land commission shall deem for the best interest of the county of Sumter. 

1934, XXXVIII, 1313. 

The above proviso added to this subsec- omitted by 1934/1333. 
tion and the last proviso to this subsection 

§ 2205. May Borrow for School Purposes and Pledge Funds. 

Application of Funds Borrowed.— Funds District v. Law, 166 S. C, 304, 164 S. E., 
borrowed hereunder must be used for pur- 839. 
pose they were borrowed. Inman School 

§ 2206-1. State Finance Committee May Borrow to Pay Operating Ex- 
penses of the State — Issue Notes — Amount — Use of Proceeds. — In anticipation 
of the receipt of the taxes and other income of the state for any fiscal year, 
applicable to the payment of the expenses of the ordinary and current business 
of the state, the state finance committee (consisting- of the Governor, the state 
treasurer and the comptroller general) is hereby authorized and empowered 
to borrow on the credit of the state, at a rate, of interest not exceeding the 
legal rate, so much money as said committee deems necessary to finance the 
ordinary and current business of the state for such fiscal year or to repay 
any money borrowed for said purposes with interest thereon. The said com- 
mittee is hereby empowered to issue and. sell notes or other obligations of 
the state for the money herein authorized to be borrowed. The total amount 
of indebtedness, at any one time outstanding, incurred to finance the ordinary 
and current business of the state for the then current fiscal > car, shall not 
exceed seventy-five (75%) per cent, of the state's estimated current income 
from the receipt of taxes and other revenue applicable to the payment of the 
expenses of the ordinary and current business of the state for such fiscal year 
and the amount of taxes and other revenue owing and due to the state but 
unpaid for the fiscal year next preceding : Provided, That out of the moneys 
borrowed under the provisions of this section the state treasurer is authorized 
and empowered to pay any borrowings for or claims against the current and 
ordinary business of the state for the fiscal year next preceding to the end 
that no deficit may be ever created in the general funds of the state. 1932, 
XXXVII, 1220. 

This section is new, 1932/1220. 

§ 2207. Retirement of Current Indebtedness. — Repealed by 1932 Acts, page 
1228. 

See § 2207-1 which provides for retirement of current indebtedness of the state. 

§ 2207-1. Retirement of Current Indebtedness. — (1) Annual Levy — 
Amount. — There is hereby levied upon all the taxable property in the state an 
annual tax of two and one-half (2y 2 ) mills for a sufficient number of years to 
retire the current indebtedness or operating deficit of the state as hereinafter 
defined : Provided, That if on the last year of the said period the said levy should 
be more than sufficient to completely retire the deficit together with interest 
thereon, then in that event the amount of the levy herein provided shall be 



79 Code of Laws of South Carolina § 2207-2 

reduced for that year by order of the comptroller general to such an amount 
to be determined by him as may be necessary. 

(2) Proceeds Pledged to Pay Deficit. — The proceeds of said annual tax 
are hereby irrevocably pledged exclusively toward the payment of the current 
indebtedness or operating deficit of the state as defined by § 2207 for which the 
state was liable, at the beginning of the current fiscal year. 

(3) Use of Proceeds. — The proceeds of said tax shall be set aside and used 
by the state treasurer exclusively in the payment of said current indebtedness 
or operating deficit for which the state was liable at the beginning of the cur- 
rent fiscal year. 

(4) State Finance Committee May Issue Notes — Renewals. — The state 
finance committee is hereby authorized and empowered to execute and deliver 
notes of the state covering said indebtedness, and to renew the same from time 
to time, either in whole or in part, as may be necessary or desirable, and the 
benefits of this section shall extend to all of said renewals as well as to the 
original obligations. 

(5) Definitions. — For the purpose of this section the following terms, 
phrases and words are hereby defined as follows: (a) The terms "current in- 
debtedness" means indebtedness incurred for the ordinary expenses of the state. 
(b) The term "operating deficit" means a deficit created by the ordinary ex- 
penses of the state exceeding the income of the state. 1932, XXXVII, 1227. 

This section is new, 1932 Acts, p. 1227. 

§ 2207-2. State May Issue Bonds, Notes, Etc., in Small Denominations. — 

(1) Authorized — Terms — Interest — Sale Price. — The state finance com- 
mittee and any other officers of the state authorized by law to issue and/or 
sell obligations of the state are hereby authorized, when in need of credit by 
loans of cash to offer to the investing public by and through such advertise- 
ment as may be deemed proper, in small denominations, bonds, notes, certificates 
of indebtedness or other obligations of the state of South Carolina, upon such 
terms and at such rates of interest as such committee or officers may determine, 
not to exceed the legal rate, and payable at such intervals as such committee or 
officers may deem proper, but no such obligations shall be sold for less than par 
and accrued interest to date of delivery. 

(2) Maturities — Form — Payment. — The maturities, form, place, medium 
and mode of payment shall be determined by the said state finance committee 
or officers to the end that such obligations may be sold to the best advantage 
of the state. 

(3) Payment of Expenses.- — Any and all proper expenses incurred in the 
negotiation and/or sale of any such obligations may be paid by the finance 
committee or other officers of the state from the proceeds of such negotiation 
and/or sale, Provided, however, That the total amount of such expense shall 
never exceed one-half (V2) of one (1%) per cent, of the principal of such notes 
or other obligations. 

(4) Cumulative. — This section shall not be deemed to hold to repeal, re- 
strict, impair or modify any existing right to borrow in behalf of the state or 
to sell obligations of the state, but in all respects shall be held cumulative to 
any such law or laws. 1932, XXXVII, 1545. 

This section is new, 1932/1545. 



§ 2244 1934 Supplement 



80 



§ 2244. Confederate Home.— (2) Admission of Widows, Wives, Sisters 
and Daughters of Confederate Veterans. — Said commission is hereby em- 
powered to admit to the Confederate Home the indigent widows, sisters of the 
full blood, and wives of Confederate soldiers or sailors, and also indigent widows 
and spinster daughters of any Confederate soldier or sailor who were born prior 
to the year 1855 and who are residents of South Carolina, when in its judg- 
ment the number of Confederate soldiers and sailors in the Confederate Home 
has reached such a number that as near as possible one widow, sister or wife 
from each county can be admitted to the Confederate Home under the rules 
and regulations now or hereafter required of Confederate soldiers and sailors 
1932, XXXVII, 1438. 

"Indigent widows and spinster daughters" were added to subs. (2) by 1932/1438. 

§ 2249. Limitations as to Building on Sullivan's Island. * * * Pro- 
vided, That the board of township commissioners for Sullivan's Island is hereby 
authorized and empowered to issue building permits for the erection of commer- 
cial buildings and establishments on the north and south side of Middle Street, 
commencing at Pettigrew Street and ending at Frost Street, (Pettigrew Street 
formerly known as station 18, now known as 8th Street and Frost Street 
formerly known as station 22y 2 , now known as 15th Street), if and when re- 
quest for building permit together with plans and specifications for said build- 
ings be submitted to the board of township commissioners for its approval and 
an application for erection be first had and allowed. Provided further, That 
the board of township commissioners are hereby authorized and empowered to 
remove, or have removed, nuisances, dangers, menaces to health and to ap- 
prove plans and specifications, and to close such buildings and establishments 
as in the discretion of the board are not fit and proper, and demand their re- 
moval. Provided, further, That all buildings and commercial establishments 
now erected outside of said area and those heretofore authorized by the com- 
mission be declared legal and in case of their destruction the board of township 
commissioners is authorized and empowered to allow re-erection but no com- 
mercial building or establishment other than those now standing is permitted 
or allowed to be erected, outside of said area. 1933, XXXVIII, 510. 

The above proviso added by 1933/510. This section otherwise remains unchanged. 

§ 2255-1. Custody of Woodrow Wilson Memorial Home Vested in American 
Legion and the American Legion Auxiliary. — (1) Authorized.— Custody of 
the Woodrow Wilson Memorial Home situate at the northeast corner of 
Hampton and Henderson Streets in the city of Columbia, South Carolina, is 
hereby vested in the state department of the American Legion and the state 
department of the American Legion Auxiliary of South Carolina, and said 
property shall be left open for public visits and inspection and the purposes 
for which it was intended shall be fully carried out by the said legion and 
auxiliary, nor shall it be converted to any other use, and any violation of any 
condition herein shall cause custody of said property to immediately revert 
to the state of South Carolina. 

(2) Charge Admission Fee.— For the purpose of maintaining the Woodrow 
Wilson Memorial Home the state department of the American Legion and 
the state department of the American Legion Auxiliary are authorized to 
charge those visiting said memorial home a small sum, not exceeding twenty- 
five (25c) cents: Provided, That all receipts so collected shall be turned over 
to the state treasurer and added to the general fund of the state treasury. 



81 Code of Laws of South Carolina § 2296 

(3) Appropriation.— For the year 1932, and annually thereafter, there 
is hereby appropriated from the general funds of the state five hundred ($500.00) 
dollars, to be expended, if so much be necessary, to meet obligations incurred 
for fuel, lights, water and repairs and maintenance, said funds to be expended 
on warrants drawn by the secretary of the contingent fund committee. 1932, 
XXXVII, 1528; 1933, XXXVIII, 551. 
This section added by 1932/1528; 1933/551. 

§ 2269. Board of Registration — Appointment — Duties, Term of Office, Etc. 

__* * * ( a ) Provided, That in the county of Georgetown the said mem- 
bers shall organize by electing one of their number as chairman and another 
as secretary. 1934, XXXVIII, 1267. 
Proviso added by 1934/1267. 

§ 2288. Registration for Municipal Elections. 

Irregularities Not Affecting the Result Failure to keep registration books opened 

of the Election Are Immaterial. — In the for required 90 days before election does 

absence of fraud the fact that the super- not make election invalid unless it can be 

visor of registration was not a qualified shown that as a result thereof qualified 

voter of the town will not make the elec- electors could not register. Ibid. 
tion invalid. Davis v. Town of Cayce, 166 
S. C, 372, 164 S. E., 883. 

§ 2296. Voting Precincts. — (4) Anderson. — In the county of Anderson 
there shall be voting places as follows : Anderson Court House, Belton, Crayton- 
ville, Pendleton, Centerville, Sandy Springs, Five Forks, Hopewell Springs, 
Williamston, Honea Path, Milfords, Cedar Wreath, Moffettsville, Williford's 
Store, Smith's Mill, Starr. Tugaloo Academy, Iva, Piedmont Mills, Holland's 
Store, Pelzer, Flat Rock, Neals Creek Church, Cedar Grove, Townville, Mount 
Tabor, Orr Mills, Gluck Mills, Pelzer Mill No. 4, Piercetown, Toxaway Mill, 
Anderson Cotton Mills, Brogdon Mill, Concrete, Belton Mills, Williamston Mills, 
Old Friendship School House, Whitefield Church, Grove School House, White 
Plains, Toney Creek, Three and Twenty, Walter McElmoy, Campbell's Store 
and Wright's Store, Mountain View, North Anderson, Mountain Creek Church, 
Melton School House and Shurley's Store, High Point School House, Denver 
and La France. 1934, XXXVIII, 1341. 

(10) Charleston. — In the county of Charleston, outside the corporate 
limits of the city of Charleston, there shall be voting places as follows : At 
or near the intersection of King's Highway Road and Folly Beach Road on 
James Island, Moultrieville, McClellanville, at or near Awendaw Bridge, in the 
parish of St. James Santee ; Mount Pleasant, in Christ Church Parish ; Agricul- 
tural Hall on John's Island; Bogles on Wadmalaw Island; High School audito- 
rium on Edisto Island ; and on Meeting Street Road outside of the corporate 
limits of the city of Charleston, and at or near the school building near the 
Four Mile Post, on Meeting Street Road ; in St. Andrews Parish, at or near 
the intersection of the road to Folly Island, with state highway No. 6 ; in Meg- 
getts, at or near the school building ; in Adams Run, at or near the school build- 
ing; in Warren's Cross Road, at or near store lately occupied by Magistrate 
W. H. Lemacks; in Ravenel at or near the school building; in Ladson, at or 
near the intersection of the Ladson Road with state highway No. 2; an addi- 
tional voting place, at or near North Charleston school building; an additional 
voting place at Midland Park : Provided, That nothing herein contained shall 
be construed to vary or affect the location of the voting precincts within the 
limits of the city of Charleston as now established by law. The registration 
and voting precincts in the county of Charleston within the limits of the city 



§ 2296 1934 Supplement 82 

of Charleston shall hereafter conform to the wards in which the city of Charles- 
ton is now by law divided, and registration and voting precincts are hereby 
established therein, as follows : The first precinct of ward one shall embrace 
all that portion of said ward south of Broad Street, east of Church Street to 
Water Street, south of Water Street to Meeting Street, east of Meeting Street 
to south Bay Street. The poll shall be held at or near the corner of Church 
and Water Streets. The second precinct of ward one shall embrace all that 
portion of said ward south of Broad Street, east of King Street, west of Church 
Street or Water Street to Meeting Street, west of Meeting Street to south Bay 
Street. The poll shall be held at or near the corner of Meeting and Tradd Streets. 
The first precinct of ward two shall embrace all that portion of said ward south 
of Broad Street, west of King Street to South Street, including south side of 
said street to Ashley River, east of Legare Street to Tradd Street, north of Tradd 
to Logan Street, east of Logan to Broad Street. The poll shall be held at 
or near the corner of King and Tradd Streets. The second precinct of ward 
two shall embrace all that portion of said ward south of Broad Street, west 
of Logan Street to Tradd Street, south of Tradd to Legare Street, west of 
Legare Street to Ashley River. The poll shall' be held at or near the corner 
of New and Broad Streets. The first precinct of ward three shall embrace 
all that portion of said ward north of Broad Street, south of Hasel Street, 
east of Church Street and Maiden Lane. The poll shall be held at or near the 
corner of State and Cumberland Streets. The second precinct of ward three 
shall embrace all that portion of said ward north of Broad Street, south of 
Hasel Street, east of Church Street and Maiden Lane and east of King Street. 
The poll shall be held at Market Hall. The first precinct of ward four shall 
embrace all that portion of said ward north of Broad Street, south of Went- 
worth Street, west of King Street and east of Mazyck and Coming Streets. 
The poll shall be held at or near the corner of Archdale and Beaufain Streets. 
The second precinct of ward four shall embrace all that portion of said ward 
north of Broad Street, south of Wentworth Street, west of Mazj^ck and Coming 
Streets. The poll shall be held at or near the corner of Smith and Beaufain 
Streets. The first precinct of ward five shall embrace all that portion of said 
ward north of Hasel Street, south of Calhoun Street and east of Anson Street. 
The poll shall be held at or near the corner of Laurens and Middle Streets. 
The second precinct of ward five shall embrace all that portion of said ward 
north of Hasel Street, south of Calhoun Street, west of Anson and east of King 
Street. The poll shall be held at or near the corner of Meeting and Society 
Streets. The first precinct of ward six shall embrace all that portion of said 
ward north of Wentworth Street, south of Calhoun Street, west of King Street 
and east of Pitt Street. The poll shall be held at or near the corner of George 
and College Streets. The second precinct of ward six shall embrace all that 
portion of said ward north of Wentworth Street, south of Calhoun Street 
and west of Pitt Street. The poll shall be held at or near the corner of Bull and 
Rutledge Streets. The first precinct of ward seven shall embrace all that 
portion of said ward north of Calhoun Street, south of Mary Street and east 
of Elizabeth Street. The poll shall be held at or near the corner of Alexan- 
der and Charlotte Streets. The second precinct of ward seven shall embrace 
all that portion of said ward north of Calhoun Street, south of Mary Street, 
west of Elizabeth Street and east of King Street. The poll shall be held at or 
near the corner of Hutson and Meeting Streets. The first precinct of ward 
eight shall embrace all that portion of said ward north of Calhoun Street, south 



83 Code of Laws of South Carolina § 2296 

of Radcliffe Street, west of King Street and east of Pitt and Thomas Streets. 
The poll shall be held at or near the corner of Vanderhorst and Coming Streets. 
The second precinct of ward eight shall embrace all that portion of said ward 
north of Calhoun Street, south of Radcliffe and Bee Streets and west of Pitt 
and Thomas Streets. The poll shall be held at or near the corner of Rutledge and 
Vanderhorst Streets. The first precinct of ward nine shall embrace all that 
portion of said ward north of Mary Street, south of Columbus Street and east 
of Nassau and Hanover Streets. The poll shall be held at or near the corner of 
Amhurst and America Streets. The second precinct of ward nine shall cm- 
brace all that portion of said ward north of Columbus Street, east of Hanover 
Street to the city boundary. The poll shall be held at or near the corner of 
America and Cooper Streets. The first precinct of ward ten shall embrace all 
that portion of said ward north of Mary Street, south of Columbus Street, 
west of Nassau Street and east of King Street. The poll shall be held at or 
near the corner of Wolfe and Meeting Streets. The second precinct of ward 
ten shall embrace all that portion of said ward north of Columbus Street, east 
of King Street and west of Hanover Street to the city boundary. The poll shall 
be held at or near the corner of Lime and Meeting Streets. The first precinct 
of ward eleven shall embrace all that portion of said ward north of Radcliffe 
Street, south of Spring Street, west of King Street and east of Rutledge Av- 
enue. The poll shall be held at or near the corner of Morris and Coming Streets. 
The second precinct of ward eleven shall embrace all that portion of said ward 
north of Spring Street, west of King Street, and east of Rutledge Avenue to 
the city boundary. The poll shall be held at or near the corner of Lime and 
Coming Streets. The first precinct of ward twelve shall embrace all that por- 
tion of said ward north of Bee Street, west of Rutledge Avenue, east of Pres- 
ident Street and its line of prolongation to the city boundary. The poll shall 
be held at or near the corner of Ashley and Spring Streets. The second pre- 
cinct of ward twelve shall embrace all that portion of said ward north of 
Bee Street, west of President Street, and its line of prolongation to the city 
boundary. The poll shall be held at or near the corner of Spring and Norman 
Streets. 1934, XXXVIII, 1498. 

(12) Chester. — In the county of Chester there shall be voting places as 
follows: Chester Court House, Lowryville, at J. Wesley Carter's, Lando, Fish- 
ing Creek Church, Rodman, on S. A. L. Railroad, Rossville, Halselville, Wilks- 
burg, Lansford, CornwelPs, Richburg, Edgemore, Baton Rouge, Ferguson's 
Store, Fort Lawn, White's Store, voting to be at New Hope School House, 
Leeds, Great Falls, and Hazelwood, an additional voting precinct, Colvin's 
Springs, Blackstock Township, and another precinct established at Mt. Pleas- 
ant School House, near Mt. Pleasant Presbyterian Church in Baton Rouge 
Township, Chester County, to be known as Mt. Pleasant Precinct, and another 
voting precinct at Eureka Cotton Mills, and another voting precinct at Bald- 
win Cotton Mills. 1934, XXXVIII, 1191. 

(13) Chesterfield. — In Chesterfield Count}" there shall be voting places 
as follows: Chesterfield Court House, Cheraw, Marburg, Brooks' Mill, Wex- 
ford, Mount Croghan Cross Roads, Ruby, Snow Hill, Jefferson, Catarrh, Dud- 
ley, Pageland, McBee, Middledorf, Cat Pond School House, Cash, Shiloh, 
Grant's Mill, Patrick, Windzo, Plains, White Oak, Angelus, Center Point and 
Bay Springs. 1933, XXXVIII, 428. 

(14) Clarendon.—* * * Oakdale. 1934, XXXVIII. 1275. 
Oakdale precinct added by 1934/1275. 



§ 2296 1934 Supplement 84 

(15) Colleton. — In Colleton County there shall be voting places as follows: 
Jacksonboro, Greenpond, Cottageville, Maple Cane, Horse Pen, Henderson- 
ville, Sniders, Rice Patch, Bells, Edisto, Canadys, Smoaks, Doctor's Creek, 
Ashton, Lodge, Petits, Peoples, Williams, Berea, Walterboro, Hudson's Mill, 
Ruffin, Ritter, Sidney, Tiger Creek, Padgett's. Round 0, Wolfe Creek, Benton's 
Mill, Pine Grove, and Peniel. 1932, XXXVII, 1491 ; 1934, XXXVIII, 1264. 

(16) Darlington. — In the county of Darlington there shall be voting places 
as follows: Darlington Court House No. 1, Darlington Cotton Mills No. 2, 
Mechanicsville No. 1, Mechanicsville No. 2, Society Hill, Leavensworth, Harts- 
ville No. 1, Hartsville No. 2, Lydia, Lamar No. 1, (all that portion of Lamar 
lying on the east side of the Atlantic Coast Line Railroad track), Lamar No. 
2, (all that portion of Lamar lying on the west side of Atlantic Coast Line 
Railroad track), Swift Creek, Bethlehem Church in Antioch township, Phila- 
delphia school house in Philadelphia school district, Palmetto Clyde at Clyde, 
Highhill school house, and Lake Swamp school house in Lake Swamp school 
district. 1934, XXXVIII, 1414. 

(17) Dillon. — In the county of Dillon there shall be voting places as fol- 
lows: Bermuda, Fore's Cross Roads, Floydale, Centerville, Hamer, Gaddy's 
Mill, Page's Mill, Latta, Little Rock, Fork, Judson, Mt, Calvary, Kemper, Gin 
House and Pleasant Hill, Fowler's school house, Harlee, East Dillon, West 
Dillon, the Atlantic Coast Line Railroad being the dividing line between East 
Dillon and West Dillon precincts, Carolina school house in Harlleesville town- 
ship and Manning school house, in Manning township. 1934, XXXVIII, 1363, 
1392. 

(18) Dorchester.—* * * 

For territory comprised in St. George No. 1 precinct see 1934/1415. 

(19) Edgefield. — In the county of Edgefield there shall be voting places as 
follows: Timmerman, Johnston, Trenton, Edgefield C. II., No. 1, for Pickens 
township, Edgefield C. H., No. 2, for Wise township, Meeting Street, Pleasant 
Lane, Red Hill, Cheatham's store, Mathis, Merriwether Hall, Ropers and 
Bacon school house, near J. 0. Seigler's residence, Sullivans school house, and 
Hightower at or near Kendall Mill. 1933, XXXVIII, 357. 

(20) Fairfield.— In the county of Fairfield there shall be voting places 
as follows: Centerville school house, Feasterville, Mitford, at Keistler's store, 
Horeb, at Hau's store, Monticello, Ridgeway, Winnsboro, Woodwards, Long- 
town, at Jenkins' store, Greenbrier, Jackson's Creek school house, Jenkinsville, 
Fairfield Cotton Mill, New Hope session house, Blair's, Shelton, Gladden 's 
Grove, Hickory Ridge, White Oak, and Simpson. 1934, XXXVIII, 1400. 

(21) Florence. — In the county of Florence there shall be voting places as 
follows : In the city of Florence there shall be two, No. 1 and No. 2, Ebenezer, 
Timmonsville, Cartersville, Jones Cross Roads, Langston school house, Mars 
Bluff, Evergreen, Pamplico, Cowards, Olanto, Touray, Hannah, Savage, Salem, 
Oak Grove, Back Swamp, at McCall's store, Claussen and Frienclfield, at 
Brooks Cross Roads, McAllister's Mill, Lake City, Scranton, Prospect Church, 
and McCutcheon's school house. The county executive committee of Florence 
County and the executive committee of the city of Florence is hereby authorized 
and directed to make provision for and supply a voting place and a box or boxes 
for all Democratic primaries for national, state, county and city matters at or 
near the shops of the Atlantic Coast Line Railroad Company within or near 
the city of Florence, so that the railway employees shall have the opportunity 



85 Code of Laws op South Carolina § 2296 

and privilege of voting therein in any and all Democratic primaries. It shall 
be the duty of the executive committee to provide copies of all books of registra- 
tion where the railway employees are registered, in any voting precinct in the 
county of Florence, to the managers of election at said voting place so that any 
railway employee regardless of where he may have registered within the county 
of Florence shall have the right to vote at said box in any Democratic primary. 
The employees of said railway shall have the right to cast their ballot in any 
Democratic primary in said box or in the voting precinct where registered but 
if they cast their ballot in said box the same shall be legal and valid and shall be 
counted in any primary in which the same is cast. 1932, XXXVII, 1457. 

(23) Greenville. — * * * Welcome, at Welcome school house; Kelley's 
Store, at Kelley's store on Stafford Avenue. 1933, XXXVIII, 238; 1934, 
XXXVIII, 1576. 

Welcome precinct added by 1933/238. Kelley's store precinct added by 1934/1576. 

(26) Horry. — Adrian, at Adrian; Allsbrook, at Allsbrook; Aynor, at Aynor; 
Bayboro, at Bayboro ; Joiner Swamp, at Joiner Swamp school house ; Brown- 
way, at Brownway school house; Cedar Grove, at Pee Dee school house; East 
Conway, at town hall in Conway; West Conway, at court room at court 
house ; Cool Springs, at Cool Springs ; Daisy, at Daisy ; Dog Bluff, at Dog Bluff ; 
Dogwood, at Dogwood school house ; Ebenezer, at Longs ; Floyds, at Floyds 
school house ; Gallivants Ferry, at Gallivants Ferry ; Graham X Roads, at 
Graham X. Roads ; Green Sea, at Green Sea ; Gurly, at Gurly ; Hammond, at 
Hammond ; Hickory Grove, at Hickory Grove school house ; Homeward, at 
Homeward hall; Horry, at Horry; Jernig'ns X Roads, at Jernig'ns X Roads, 
Jordanville, at Jordanville ; Knotty Branch, at Knotty Branch ; Leon, at Leon 
school house ; Little River, at Little River ; Loris, at Loris ; Marlow, at Burgess ; 
Mt. Vernon, at Mt. Vernon school house ; Myrtle Beach, at Myrtle Beach ; 
Norton, at Norton school house; Oak Dale, at Oak Dale; Pauley Swamp, at 
Pauley Swamp school house ; Port Harrelson, at Inland school house ; Reho- 
beth, at Rehobeth ; Shell, at Shell school house ; Spring Branch, at Spring 
Branch; Socastee, at Socastee academy; Sweet Home, at Sweet Home; Taylor- 
ville, at Taylorville ; Tilly Swamp, at Tilly Swamp school house; Toddville, at 
Toddville ; Vardelle, at Shelley 's store ; Wampee, at Wampee school house ; 
and White Oak, at Booth's store. 1932, XXXVII. 1129. 

(27) Jasper. — The voting precincts for general elections in Jasper County 
shall be as follows : Grahamville, Gillisonville, Grays, Hardeeville, Ridge- 
land, Okatie, Tilbnan, Pineland and Coosawhatchie. 1933, XXXVIII, 234. 

(29) Lancaster. — In the county of Lancaster there shall be voting places 
as follows : Lancaster Court House, Lancaster Cotton Mills, Antioch, Pleas- 
ant Valley, Pine Grove school house, Lindsay. Thornwell, Tradesville, Jack- 
sonham. Union, at Union school house, Taxahaw's, Welsh's, Carmel, Heath 
Springs, Flat Creek, at Flat Creek church; Blair, Primus, Dwight, Kershaw, 
Van Wyck, Elgin, at Elgin station, Crenshaw, at Crenshaw school house, in 
Cedar Creek township; Haile Gold Mine, White Bluff and Unity, at Unity 
school house, New Bethel school house, Osceola, Tabernacle, Midway, Dixie 
school house, Flint Ridge, at Flint Ridge school house, Rich Hill and a new 
precinct in Flat Creek township ; at Charlesboro school house, and also one at 
Pleasant Hill. One at Kershaw Cotton Mills and one at the club house at 
Lancaster Cotton Mills. The other voting precinct now provided by law for 
said Lancaster Cotton Mills shall hereafter be held at some convenient place on 



§ 2296 1934 Supplement 86 

i 
the street or road known as "Midway" and Bell Town, at or near Bell Town 
school house. 1934, XXXVIII, 1337." 

(30) Laurens. — * * * Shady Grove school house in Jacks township. 
1934, XXXVIII, 1538. 

Shady Grove school house precinct added 1934/1538. 

(34) Marlboro. — In the county of Marlboro there shall be voting places as 
follows: Bennettsville, Red Hill, Brownsville, Hebron, Clio, McColl, East Mc- 
Coll, Newtonville, Brightsville, at Goodwin's mill, Tatum, Joe Quicks Cross 
Roads, Kollock and Bennettsville mill village. 1932, XXXVII, 1283. 

(36) Newberry. — Newberry Court House, Newberry Cotton Mills, Mol- 
lohon Mills, Oakland Mills, Mount Pleasant school house, Helena, Maybintown, 
Whitmire, Betheden, Jalapa, Longshore, "Williams store, Chappells, Utopia, 
Prosperity, Hendricks Mills, Slighs, Jolly Street, Central school house, Po- 
maria, Walton, Mount Bethel, St. Phillips, Little Mountain, Union academy, 
Silverstreet, Kinards, Germany academy and Peak. And Provided, All vot- 
ing precincts in that portion of Lexington County which has recently been an- 
nexed to Newberry County are hereby declared and designated to be voting 
precincts in Newberry County. 1934, XXXVIII, 1367. 

(37) Oconee. — * * * Chauga, at Chauga school house; Flat Shoals, at 
Flat Shoals school house. Voting precinct No. 14, at Clemson College, shall be 
known as "Stone Church" voting precinct. 1934, XXXVIII, 1238. 

The above provisions added by 1934/1238. 

(39) Pickens. — In the county of Pickens there shall be voting places as 
follows : Easley, Central, Liberty, Pickens Court House, Dacusville, Catee- 
chee, Pumpkintown, Eastatoe, Cross Plains (at Freeman's store), Peter's 
Creek, (at Peter's Creek school house), Mile Creek (at Mile Creek church), 
Prater's (at Prater's Creek church), Six Mile (at Six Mile church), Calhoun, 
Holly Springs (at Holly Springs Church), Gaphill, Loopers Gin, Crosswell 
school house, Pleasant Grove (in Pumpkintown township), Norris, Easley Cot- 
ton Mill, Glenwood Cotton Mill, Alice Mills, Arial Mill, Rocky Bottom (at Rocky 
Bottom school house), and Flat Rock, Pickens Cotton Mills, near Pickens Court 
House, Antioch at Antioch school house. Eastatoe at Eastatoe school, Isa 
Queena Mill, at Central, Easley Mill, No. 2, at Liberty, Garret's store, Cross 
Roads, at Zion school house, and Durham's store. 1934, XXXVIII, 1312, 1476. 

(42) Spartanburg. — * * * There is hereby created a new precinct, to 
be known as Fair Forest Finishing Plant precinct. Said voting place to be 
where Fair Forest Finishing Plant is now located. 1932, XXXVII, 1332. 
This subdivision remains the same with the above added, 1932/1332. 

(45) Williamsburg. — In the county of Williamsburg there shall be voting 
places as follows: Trio, Earles, Sulton, Gourdins, Greeleyville, Salters, Kings- 
tree, Cedar Swamp, Cades, Morrisville, Vox, Hebron church, Indian Town, 
Muddy Creek, Poplar Hill, Taft and Bloomingdale, Hemingway, Johnsonville, 
Workman, Pergannos, Mouzon, Henry, Lanes and Ebenezer. 1933, XXXVIII, 
175 ; 1934, XXXVIII, 1264. 

(46) York. — In the county of York there shall be voting precincts as fol- 
lows : York, Hickory Grove, Santiago school house, at New Zion school house, 
Bethany, Bethel Consolidated school house, Fort Mill, Rock Hill, Coates' 
Tavern, Ogden, at Ogden's school house in Bethesda township, McConnells- 
ville, Blairsville, Bullock's Creek, at Good's store, Clover, Newport, Sharon, 



87 



Code of Laws of South Carolina 



§ 2362 



sioners of election as to the manner of con- 
ducting elections. Gardner v. Blackwell, 
167 S. C. 313 ; 166 S. E. 338. 



Gardner v. Blackwell, 167 S. C. 313; 166 
S. E. 338. 

Ballots. — Not necessary to place names 
of all candidates on single ballot. Id. 

Knowledge of Election Laws and Deci- 
sions Presumed. — All the people, including 
election officials, are presumed to have 
knowledge of the laws and the court's con- 
struction of their language. Id. 

Printing and Providing Ballots. — The 
duty of printing or providing ballots for 
general elections has not been imposed by 
statute or the constitution upon any officer, 
state or county. Gardner v. Blackwell, 167 
S. C. 313 ; 166 S. E. 338. 

Secrecy. — The voter in general election 
entitled to the right of secrecy in casting 
his ballot. Id. 



Tirzah, Smyrna, Ebenezer, Aragon Cotton Mills, Hopewell, Filbert, Leslie, 

Highland Park, Oak Ridge school voting precinct, Mitchel's store, and at 

Bowling Green, Forest Hill at McGill's store. 1932, XXXVII, 1127, 1314; 

1934, XXXVIII, 1595. 

Conducting General Elections. — There 
is no provision in the law requiring any 
official to give instructions to the commis- 

§ 2304. Officers to be Voted for. 

Candidates — Rights of Voters. — It is not 
necessary in South Carolina for a person, 
who is qualified, to become a candidate for 
any office in the general election, to have 
the indorsement, nomination, or certifica- 
tion of any political party or group of 
citizens or voters before he may become a 
candidate and be voted for in the general 
election. Any citizen qualified to hold the 
office to which he aspires may, on his own 
initiative, become a candidate for such 
office in the general election. More than 
that, any voter has the legal right in a 
general election to cast his ballot for any 
person for any particular office, even if the 
person desired to be voted for is not a 
candidate of any political party, or has 
not even announced on his own individual 
responsibility his candidacy for the office. 

§ 2333. Congressional Districts. — The state is hereby divided into six (6) 
Congressional Districts, as follows, to wit : 

First District to be composed of the following comities, to wit : Berkeley, 
Charleston, Clarendon, Colleton, Dorchester. Beaufort, Hampton, Jasper, and 
Allendale. 

Second District to be composed of the following counties, to wit : Aiken, 
Barnwell, Calhoun, Orangeburg, Lexington, Richland, Sumter and, Bamberg. 

Third District to be composed of the following counties, to wit : Abbeville, 
Anderson, Greenwood, McCormick, Newberry, Oconee, Pickens, Saluda, and 
Edgefield. 

Fourth District to be composed of the following counties, to wit : Greenville, 
Laurens, Spartanburg, and Union. 

Fifth District to be composed of the following counties, to wit : Cherokee, 
Chester, Chesterfield, Fairfield, Kershaw, Lancaster, and York. 

Sixth District to be composed of the following counties, to wit : Darlington, 

Dillon, Florence, Georgetown, Horry, Marion, Marlboro, Lee, and Williamsburg. 

1932, XXXVII, 1356. 

Prior to this amendment, 1932/1356, the Districts. 
State was divided into seven Congressional 

§ 2352. Regulation of Primary Election — Oath of Managers. 

Intent of Section. — (See this catchline in Party cannot conflict with the enactments 



1932 Code which is affirmed.) Schmancke 
v. Moorer, 162 S. C, 29, 159 S. B., 914. 

Party Rules Cannot Conflict with Stat- 
utes. — The rules of the State Democratic 

§ 2362. State Convention. 

Party Rules not to Conflict with Statutes. 
— The rules of the State Democratic Party 
cannot conflict with the enactments of the 



of the Legislature as to primary elections, 
whether state, county or municipal. Sch- 
mancke v. Moorer, 162 S. C, 29, 159 S. E., 
914. 



Legislature as to primary elections, whether 
state, county or municipal. Schmancke v. 
Moorer, 162 S. C, 29, 159 S. E., 914. 



§ 2365 1934 Supplement 88 

§ 2365. Election on Last Tuesday in August — Arrangements of Voting- 
Place — Opening and Closing Polls. — * * * (1) Provided, That in Ander- 
son County the polls shall open at eight o'clock, a. m. and close at six o'clock 
p. m. 

(2) Provided, That in the greater Greenville district in Greenville County 
the polls shall open at 8 o'clock, a. m. and close at 6 o'clock, p. m. 

(3) Provided, That in Pickens, Lexington, Fairfield Counties and the city 
of Camden, the polls in the Democratic primary election shall be opened at 
eight o'clock in the morning and close at six o'clock in the afternoon. 

(4) Provided, That in the primary elections held in Aiken Comity and re- 
ferred to in section 2365, at the voting places at North Augusta, Belvedere, 
Clearwater No. 2, Bath, Langley, Gloverville, Warrenville, Graniteville and 
Vaucluse, the managers of election shall open the polls at 8 o'clock, a. in. 
and shall close them at 6 o'clock, p. m., and at Rock Hill, Fort Mill, Clover and 
York, in York County the polls shall be kept open in primary elections from 
8 a. m. to 6 p. m. 

(5) Provided, That all primary elections held in Greenwood. Beaufort and 
Lancaster Counties the executive committee in the county of any party hold- 
ing the election shall have the right to designate the voting precincts which 
shall open at eight o'clock in the forenoon and close at six o'clock in the after- 
noon on the day of election ; and if not so specially designated, the polls in 
Greenwood, Beaufort and Lancaster Counties in such election shall open as 
now provided by law. 1934, XXXVIIL 1443, 1223, 1381, 1602, 1383. 

Froviso 1 added by 19.34/122.3: proviso 2, party has, for many years, held primary 

1934/1381; proviso •*:. 1934/1602; proviso 4. elections for the nomination of candidates 

1934/1383; proviso 5, 1934/1443. for the office of magistrate. Young v. Sapp, 

Supreme court takes judicial notice of the 167 S. C. 364 ; 166 S. E. ::.~.4. 
fact that under this section Democratic 

§ 2385. Enrollment Books. 

Enrollment Books. — In construing pro- rightfully entitled to enrollment books 

vision of constitution of the club providing against person appointed secretary by ex- 

for appointment of secretary by executive ecutive committee to replace secretary 

committee in event that president of the charged with failure to perform the duties 

club does not appoint some one to replace of his office without being convinced of the 

secretary for failure in the performance of failure of the secretary to perform his 

his duties ; and rule of the committee by duties, and also that the president of the 

which authority is given for the appoint- club, upon being acquainted with secre- 

nient of two assistant secretaries to each tary's failure, had neglected to perform his 

ward club secretary, who. in absence of duty in the appointment of another secre- 

secretary. are to have custody of the books tary. Schmancke v. Moorer, 162 S. C, 29, 

and conduct the enrollment, it was held 159 S. E., 914. 
regularly appointed assistant secretary was 

§ 2400-1. Election Commissioners — Appointment — Term — City Executive 
Committees. — The board of commissioners of election in any city in which the 
provisions of this article are applicable shall consist of three (3) members, who 
shall be recommended by the city executive committees of organized political 
parties participating in the primary elections from among the registered elec- 
tors qualified to vote in said city. Upon such recommendation the names of 
persons so recommended shall be certified by the committee or committees to 
the Governor of the state, who shall thereupon appoint the same to serve as 
the board of election commissioners for said city for the term of two years, 
and until their successors are appointed and have qualified, unless sooner re- 
moved by the Governor for cause, and any vacancy occurring on the com- 
mission shall be filled as herein provided : Provided, The term of office of the 



89 Code of Laws of South Carolina § 2400-2 

members of the board of commissioners in such city now provided for by law 
shall continue for the term of their appointment but no longer. The compen- 
sation of said commissioners shall be one hundred ($100.00) dollars a year 
each, to be paid quarterly by the city treasurer. Said commissioners shall take 
the oath of office as prescribed by section 26, article 3, of the Constitution, and 
shall organize as a board by appointing one of their number chairman of the 
board, and such chairman shall be empowered to administer oaths. City 
executive committees hereinbefore mentioned shall be made up of delegates 
from ward or precinct clubs of organized political parties and shall function 
under rules promulgated by such parties. 1932, XXXVII, 1162. 

§ 2400-2. Party Primary to Nominate Mayor or Councilmen — Time — 
Voters — Oath to Vote — Requirements of Candidates — Ballots — Number of 
Votes to Elect — Second Primary. — There shall be no party primary 
nominations of any person as a candidate for mayor or councilman, unless 
the said party primary election be conducted and the qualifications for 
suffrage therein to be enforced as herein provided. The primary election of any 
party for nominating mayor and councilman shall be held on the second 
Tuesday preceding the municipal election, and shall be conducted by the duly 
appointed board of commissioners of elections and board of managers of elec- 
tions for the said municipal election, who shall be paid for the holding of said 
municipal election, and shall conduct the primary elections at the same places 
and in the same manner and with the enforcement of the same requirements 
for suffrage as are hereinafter set forth, having a separate box for each or- 
ganized political party in said city, and for any violation of the law governing 
the same shall be subject to the same punishment as any violation of the law 
governing other elections : Provided, however, That no person shall be allowed 
to vote in any party primary election unless he or she be a member of said 
party, and shall subscribe to the following oath : " I do solemnly swear that I 

am a member of this club district, that I am a member of 

party, duly qualified to vote at this election, and that I have not voted be- 
fore at this election." Provided, further, That no primary election shall be held 
for any political party unless the chief officer or officers in its city organiza- 
tion shall notify the chairman of the board of commissioners of elections for 
the municipal election at least five (5) days before the time for the holding 
of the party primary election, and at such primary election three (3) members 
of such political party, duly appointed for the purpose by the proper officers of 
the party ; shall have the right to be present at each polling precinct and advise 
the managers if any person offering to vote in said party primary be not a 
member of said party and file protest as ground for legal contest in case such 
person be allowed to vote by the legal managers. No ballot cast in said primary 
election shall be counted for any person who shall not have filed with the 
chairman of the board of commissioners of elections the pledge as to corrupt 
practices and an itemized statement as to expenditures, as provided in an 
act making certain offenses in primary elections, misdemeanors and pre- 
scribing penalties therefor, approved March 6, 1908, Volume XXIV, in the 
statutes at page 949. The board of commissioners of elections shall cause the 
names of all candidates in the primary election classed according to their 
party affiliation, to be published in a daily newspaper of the city from the 
time that they have become qualified as candidates up to and including the 
day of the primary election, and the said board shall provide the printed bal- 



§ 2400-3 1934 Supplement 90 

lots to be used in the said party primary elections, the names of candidates 
for mayor and, also separately, the names of the candidates for councilmen, 
arranged alphabetically, the ballots in each case to bear the words, "Vote for 
(the number to be elected)." The candidate receiving the largest majority 
vote shall be declared elected. In case a primary election does not result in a 
majority and a larger vote for the number of persons to be elected in the 
regular municipal election, a second primary shall be had on the seventh day 
after the first primary in which second primary the ballots shall contain for 
each position for which choice is to be made, the names of two persons ; those 
receiving the highest vote at the preceding primary election. 1932, XXXVII, 
1163. 

§ 2400-3. Enrollment Books— When Open— Who Eligible' to Enroll— 
Issue Certificates to Those Enrolled — Place of Books — Inspection of Books — 
What Names May Be Purged — Requirements to Vote. — Books of enrollment 
for voting in the primary elections provided herein shall be caused to be 
opened by the board of commissioners of elections and board of managers of 
elections for the said municipal primary election in each ward of such city at 
least sixty (60) days before the first municipal primary election. Notice thereof 
shall be given by the chairman of the board of commissioners of election and such 
other information with regard thereto as the chairman of said board may desire to 
give. Each applicant for enrollment shall, in person, write upon the roll his full 
name and immediately thereafter his or her age, occupation, street and number of 
the house in which he or she resides. If the name be illegible, the one in charge of 
said enrollment book shall write his or her name beneath the signature of 
the applicant. In the event of the inability of the applicant to write, he or she 
may make his or her mark upon the roll, which shall be witnessed by the party 
who is in charge of said enrollment book, and such person so in charge of the 
enrollment book shall fill in the other requirements. Upon so registering, each 
enrolled applicant shall be then and there furnished by the board of commis- 
sioners of elections with a certificate of enrollment, in such form as shall be 
prescribed by the board of election commissioners, which certificate shall con- 
tain a statement of the voter's name, age and place of residence as entered 
in the enrollment book, and said certificate shall be signed by at least one 
member of the board of commissioners of elections: Provided, That as a pre- 
requisite to enrollment and obtaining of such certificate, each applicant shall 
take an oath that he or she is duly, qualified to vote in said election, and that 
he or she is a citizen of the state, and has resided in the state one (1) year, 
in the city six (6) months, and in the ward sixty (60) days prior to opening 
books for enrollment. The person placed in charge of the enrollment books by 
the election commissioners in each ward, shall have the power of adminis- 
trating an oath for the purposes of carrying out the provisions of this article. 
The city in which said primary election or elections are held shall furnish 
suitable books for enrollment and the duplicate rolls to be made and filed with 
the clerk of the city. The enrollment book shall be kept in the custody of the 
chairman of said board at all times, and not be moved or taken from said place 
of enrollment during the period of enrollment provided for herein. The en- 
rollment book shall be open to inspection by any member of the party. Thirty 
(30) days before which any municipal primary election is to be held, the 
books shall close; and within three (3) days thereafter, the chairman of said 
board shall forthwith cause to be made and shall certify a copy thereof and 
file the same with the clerk or the city for public inspection at all times. At 



91 Code of Laws of South Carolina § 2440 

least ten (10) days before the first primary the board of commissioners of 
elections shall meet after three days' published notice in a newspaper of gen- 
eral circulation in the city of time and place of meeting and examine the rolls. 
Any person may complain of errors therein ; and the said board of commis- 
sioners of elections, after hearing complaints, shall in a fair and impartial 
manner correct and purge the rolls, striking off the names of all persons not 
residing in the ward or voting precinct for which each roll was made up, or 
otherwise improperly enrolled, and adding any names improperly omitted : 
Provided, No name shall be stricken from any roll without three days' notice 
by mail to the address appearing on the roll to the person whose name is 
proposed to be dropped from the roll to show cause why said name should 
not be dropped. When said rolls have been revised and corrected by the said 
board of commissioners of elections, they shall be certified to and shall thereupon 
become the official rolls, and no names shall be added thereafter, except by the 
order of a judge of a court of record. Upon the completion of said revision, the 
chairman of said board shall immediately file in the office of the clerk of 
said city a list duly certified by him of all names added or dropped from said 
roll, with age, place of residence, and occupation, which list shall be preserved 
by the clerk along with the duplicate roll on file in his office and any person 
may there inspect said roll and list of corrections at all times. The original 
roll shall be delivered to the managers of the primary election by the board 
of commissioners of elections before the day for the opening of the polls ; 
and no person shall be allowed to vote at said election whose name does not 
appear on said original roll as herein required, a*nd who shall not present the 
enrollment certificate herein provided for. The managers of election shall re- 
turn said rolls to the chairman of the board of commissioners of elections im- 
mediately after the counting of the votes and the declaration of the result, 
or as soon thereafter as practicable : Provided, If the original roll be lost or 
misplaced, a copy of the duplicate as corrected by the board of commissioners 
of elections and filed in the clerk's office, such copy to be certified to by him 
shall be used in the place of the original. 1932, XXXVII, 1164. 

§ 2437. Imposition of the Income Tax on Individuals. — A tax is hereby 
imposed upon every individual residing in the state of South Carolina, which 
tax shall be levied, collected and paid annually with respect to the entire net 
income of the taxpayer, as hereinafter defined and upon income earned within 
the jurisdiction of this state of every non-resident having a business or agency 
in the state, or from the sale or rental of, or income from property within this 
state, computed at the following rates, after deducting the exemptions pro- 
vided by this article : 

On the excess over the amount legally exempted up to two thousand dollars, 
two per cent. 

On the excess above two thousand dollars and up to four thousand dollars, 
three per cent. 

On the excess above four thousand dollars and up to six thousand dollars, 
four per cent. 

On the excess above six thousand dollars, five per cent. 1933, XXXVIII, 572. 

By 1933/572 the rates were increased 1% in each division. 

§ 2440. Tax on Corporations. 

Railroads. — See Piedmont and Northern application of the "mileage proportion 
Ry. Co. v. Query, 56 F. (2nd), 172, which basis" for determining taxes hereunder, 
construes the 1926 Income Tax the 



§ 2441 1934 Supplement 92 

§ 2441. Exemptions.— There shall be deducted from net income the fol- 
lowing exemptions : 

( 1 ) In the case of a single individual, a personal exemption of one thousand 
($1,000.00) dollars. 

(2) In the case of a married individual, living with husband or wife or the 
head of a household, eighteen hundred ($1,800.00) dollars. 

(2-a) If a husband and wife living together make separate income tax re- 
turns, the personal exemption of $1,800.00 may be taken by either or divided 
between them, but in no case shall a husband and wife living together receive 
but one personal exemption. If a husband and wife are legally separated each 
shall be entitled to the exemption allowed a single person. 

(3) Two hundred ($200.00) dollars for each individual other than husband 
or wife dependent upon and receiving his chief support from the taxpayer if 
such dependent individual is under twenty-one years of age or is incapable 
of self support because mentally or physically defective. 

(4) In the case of a fiduciary if taxable under clause (1), supra, a personal 
exemption of one thousand ($1,000.00) dollars; if taxable under clause (2), 
supra, the same exemption as would be allowed the deceased if living ; if tax- 
able under clause (3), supra, the same exemptions to which the beneficiary 
would be entitled : Provided, That if the income is held in the estate undis- 
tributed the exemption shall be one thousand ($1,000.00) dollars. 1933, XXX- 
VIII, 572. 

Exemption in subsection (1) reduced to $2,200.00 to $1,800.00; subsection (3) 
$1,000.00 from $1,200.00; subsection (2) $400.00 to $200.00; subsection (4) $1,200.00 
$2,200.00 to $1,800.00; subsection (2a) to $1,000.00. 

§ 2449. Deductions.—* * * 

(5) Dividends. — Repealed by 1933 Acts, page 574- 

(8) A reasonable allowance for the depreciation and obsolescense of property 
used in the trade or business ; and in the case of mines and other natural de- 
posits, a reasonable allowance for depletion: Provided, That in computing the 
deductions allowed under this paragraph, the basis shall be the cost plus any 
additions and improvements (including in the case of mines, and other natural 
deposits, the cost of development not otherwise deducted). In the case of leases the 
deductions allowed may be equitably apportioned between the lessor and the les- 
see. A reasonable allowance shall also be made for depletion of timber; Provided, 
That in computing such depletion the basis shall be in the case of timber ac- 
quired before January 1, 1921, the fair market price or value thereof as of that 
elate, and in all other cases, the cost thereof. 1934, XXXVIII, 1413. 

By 1034/1413 "timber" was stricken from Deductions for Depreciation Prior To 

first sentence after the word "deposits." 1921. — Read Phosphate Co. v. S. C. Tax 

The last sentence of this subsection added Commission, 169 S. C. 314 ; 168 S. E. 722. 
by said Act. 

§ 2451. Non-Residents and Foreign Corporations. — (3) The term "tangi- 
ble property" as used in this article includes only the property held or used to 
produce income which is derived from sources partly within and partly with- 
out the state (excluding all property held or used to produce income which 
is allocated or apportioned to other classes of income). Such property should 
be taken at its actual value, which in the case of property valued or appraised 
for purpose of inventory, depreciation, depletion, or other purposes shall be 
the highest amount at which so valued or appraised and which in other cases 



93 Code of Laws of South Carolina § 2453-1 

shall be deemed to be its book value in the absence of affirmative evidence 
showing such value to be greater or less than the actual value. The average 
value during the taxable year or period shall be employed. The average value 
of property as above prescribed at the beginning and end of the taxable year 
or period ordinarily may be used, unless by reason of material changes during 
the taxable year or period such average does not fairly represent the average 
for such year or period, in which event the average shall be determined upon 
a monthly or daily basis. 1932, XXXVII, 1306. 

1932/1306 changed the word "including" in first sentence to "excluding." 

§ 2452. Information Returns. — All individuals, corporations and partner- 
ships, in whatever capacity acting, including lessees and mortgagors of real 
or personal property, fiduciaries and employers making payment to another 
individual, corporation or partnership of interest, rent, dividends, salaries, 
wages, emoluments or other fixed or determined gains, profits, and income 
of $1,000.00 or more in any taxable year, or in case such payments made by 
South Carolina or any subdivision thereof, the officers or employees of South 
Carolina, or any subdivision thereof, having information as to such payments, 
and required to make returns in regard thereto, shall make a true and ac- 
curate return to the tax commission under such regulation as the tax commis- 
sion may prescribe, setting forth the amount of such gains, profits and income 
and the name and address of the recipient of same : Provided, That all div- 
idends and/or interest of $100.00 or more shall be reported in such annual 
returns of information of whatever amounts, regardless of the specific exemp- 
tion of $1,000.00 provided in this section. 1934, XXXVIII, 1572. 

The words "or in subdivision thereof" added. 1934/1572. 
added after "Carolina ;" and last proviso 

§ 2453. Persons and Corporations Required to Make Returns. — (1) 

Every resident or nonresident having a net income during the income year 
taxable in this state of $1,000.00 and over, if single, or if married and not liv- 
ing with husband or wife ; or having a net income for the income year of 
$1,800.00 or over, if married and living with husband or wife and every cor- 
poration except those specially exempted, shall make a return under oath, stat- 
ing specifically the items of gross income and the deductions and exemptions 
allowed by this article, and such other facts as the tax commission may require 
for the purpose of making any computation required by this article. When 
the tax commission has reason to believe any person or corporation is liable 
for tax under this article, it may require any such person or corporation to 
make return. If a husband or wife living together have an aggregate net in- 
come of eighteen hundred ($1,800.00) dollars or over, each shall make a return, 
unless the income of each is included in a single joint return. 1933, XXXVIII, 
573. 

$1,000.00 substituted for $1,200.00 on line line 5, and $1,800.00 substituted for $2,- 
3 : $1,800.00 substituted for $2,200.00 on 200.00 on line 5. 1933/574. 

§ 2453-1. Tax on Dividends and Interest. — In addition to all other taxes 
herein otherwise provided, every individual receiving dividends or interest or 
both in excess of two hundred ($200.00) dollars shall file a return and pay a 
tax on such excess as follows : On dividends or interest or both above two 
hundred ($200.00) dollars and not exceeding five hundred- ($500.00) dollars 
(including the exemption) three (3%) per cent. On dividends or interest or 
both above five hundred ($500.00) dollars and not exceeding eight hundred 

7— S. C. C. 



§ 2460 1934 Supplement 94 

($800.00) dollars (including the exemption and first bracket) four 4%) per 
cent. On all dividends or interest or both exceeding eight hundred ($800.00; 
dollars five (5%) per cent. No deductions or exemptions thereon shall be 
allowed except the specific exemption above provided : Provided, however, 
That the terms hereof and the terms of act No. 406 of the Acts of 1933 shall 
not apply to dividends paid or credited by insurance companies to their policy 
holders. 1933, XXXVIII, 574; 1934, XXXVIII, 1572. 
This section added 1934/1572, 1933/574. 

§ 2460. Additional Taxes. — If the tax commission discovers from the ex- 
amination of the return or otherwise that the income of any taxpayer, or any 
portion thereof, has not been assessed, it may, at any time within five years 
after the time when the return was due, assess the same and give notice to the 
taxpayer of such assessment, and such taxpayer shall thereupon have an op- 
portunity within thirty days, to confer with the tax commission as to the 
proposed assessment. The limitation of five years to the assessment of such 
tax or additional tax shall not apply to the assessment of additional taxes 
upon fraudulent returns. After the expiration of thirty days from such 
notification the tax commission shall assess the income of such taxpayer or 
any portion thereof which it believes has not heretofore been assessed and 
shall give notice to the taxpayer so assessed, of the amount of the tax and 
interest and penalties, if any, and the amount thereof shall be due and pay- 
able within ten days from the date of such notice. The provisions of this 
article with respect to revision and appeal shall apply to a tax assessed. No 
additional tax amounting to less than fifty cents shall be assessed, and no 
refunds for less than fifty cents shall be made. 1932, XXXVII, 1311. 

The word "not" was added after "has," line 3, 1932 Act, p. 1311. 

§ 2480. What Transfers are Taxable — Rates of Taxation — Exemptions. 

Liability of Deceased Nonresident's case was held not to be .sufficient to show 
Estate for Debts Due It by Domestic Cor- that the indebtedness hud u business situs 
poration. — Estate of deceased nonresident in the state. Beidler et al. v. S. C. Tax 
is liable for inheritance tax on debt due Commission, 51 .v. Ct. Rep. 54, 282 U. S., 1 
deceased by domestic corporation and also And Before Assessing Tax Under This 

dividends declared on stock of deceased in Section Federal Inheritance Tax Must Be 
said corporation and which had not been Paid. — (See this catchline in 1932 Code), 
paid. Beidler et al. v. S. C. Tax Commis- Beidler et al. v. S. C. Tax Commission, 162 
sion, 162 S. C, 450, 160 S. E., 264. This S. C, 450, 160 S. E., 264. 
case teas reversed by V. 8. Supreme Court And Only Paid Federal Inheritance Tax 

in so far as permitting the State to tax the To Be Deducted. — Actual amount of fed- 
transfer of debts of the corporation to eral inheritance tax paid only may be de- 
deceased, a nonresident, for money lent to ducted before estate is assessed hereunder. 
it and for money due deceased by the cor- Beidler et al. v. S. C. Tax Commission, 
poration for dividends. The evidence in the 162 S. C. 450, 160 S. E., 264. 

§ 2480-1. State Tax Commission to Collect Inheritance Taxes as Provided 
by §§ 2480-2504, 1932 Code.— All the duties heretofore devolved upon the state 
treasurer as to collecting the taxes provided for in sections 2480 to 2504 in- 
clusive. Vol. II, Code of Laws of South Carolina, 1932, and all the duties to 
certifying any matters to the probate court or other courts having jurisdic- 
tion, and all duties as to making remittances to the several probate judges are 
hereby devolved upon and made the duty of the South Carolina tax com- 
mission, which commission shall collect said taxes, and make all required 
certifications to the proper courts, and issue executions for any taxes which 
remains unpaid for a period of ninety (90) days. 1932, XXXVII, 1380. 

To avoid unnecessary printing this article amendment (§ 2480-1) is applied thereto, 
is not reproduced as it would be after the 

§ 2481. An Interest in Property Less Than an Estate in Fee. 
See § 2480-1 and note. 



95 Code of Laws of South Caeolina § 2522 

§ 2483. When Due — Extension— Interest. 

Date Ten Per Cent Penalty Begins. — after the real administration of the estate 

The ten per cent penalty allowed here- begins. Beidler et al. v. S. C. Tax Commis- 

under does not begin to run until one year sion, 162 S. C, 450, 160 S. E., 264. 

See § 2480-1 and note preceding § 2480. 

§ 2502. Tax Commission to Certify Amount of Tax. 

See § 2480-1 and the note. 

§ 2503. Tax Commission to Collect Taxes Unpaid. 

See § 2480-1 and the note. 

§ 2505. License Tax on Gasoline. 

See § 2505-1 and note thereto. 

Constitutionality. — Section 2505-2511 held Tax Commission et al., 52 F. (2nd). 456, 
valid. Eastern Air Transport, Inc. v. S. C. 2S5 U. S., 147, 52 S. Ct., 340. 

§ 2505-1. Tax Commission to Collect Gasoline Taxes Derived from 
§§ 2505-2511— Deposit of Proceeds.— The gasoline tax provided for in sections 
2505 to 2511, inclusive, shall be payable to the South Carolina tax commission 
instead of the state treasurer. Executions for delinquent taxes now provided 
in such sections shall be executed by the South Carolina tax commission in- 
stead of the state treasurer. All monies collected by the South Carolina tax 
commission under the provisions hereof shall be deposited to the credit of 
the state treasurer as other taxes now collected bv the tax commission. 
1932, XXXVII, 1392. 

To avoid unnecessary printing § § 2505- after 1932/1392 ( § 2505-1 ) is applied. 
2511 are not reproduced as they would be 

§ 2512. License Tax on Gasoline, Etc., Stored in State. 

Constitutionality. — This section and the 164 S. E., 588, and City of Greenville et al. 

following sections of this article were held v. Query et al, 166 S. C, 281, 164 S. E., 

to be constitutional in the cases of Gregg 844. Gregg Dyeing Co. et al. v. Query et 

Dyeing Co. v. Query et al.. 166 S. C, 117, al., 286 U. S., 472, 52 S. Ct., 631. 

§ 2514. Levy and Sale — Tax Commission. 

Levy and Sale — Tax Commission. — It governmental or public purposes. City of 

shall levy upon and sell for such purpose Greenville v. Query, 172 S. C. 133; 173 

property of any delinquent county, munic- S. E. 292. 

ipality, or other political subdivision, in Property held by a municipality and used 

following order : (1) Any property owned by strictly for municipal and public purposes 

such delinquent taxpayer, personal prop- may be subjected to levy and sale in same 

erty and real estate, not used by it for manner as property of other defaulting 

public or governmental purposes; (2) any taxpayers. City of Greenville v. Query, 172 

personal property owned by such delinquent S. C. 133 ; 173 S. E. 292. 

taxpayer and used by it for governmental Not beyond power of general assembly to 

purposes, including moneys, etc., in hands authorize sale of municipal property used 

of or to credit of such taxpayer, and which for public purposes to satisfy the assess- 

may be reached by proceedings supplemen- ment of this tax. City of Greenville v. 

tary to execution; and (3) any real estate Query, 172 S. C. 133; 173 S. E. 292. 
of such delinquent taxpayer used by it for 

§ 2517. Application of Sections. 

Constitutionality.— This section held valid. U. S., 472, 52 S. Ct., 631. 
Gregg Dyeing Co. et al. v. Query et al., 286 

§ 2521. Documentary Tax. 

Constitutionality.— The tax, hereunder, et al., 44 F. (2nd), 64, 283 U. S., 376, 51 
placed on notes executed within the State S. Ct., 515. 
held valid. Graniteville Mfg. Co. v. Query 

§ 2522. Governmental Obligations not Taxable.—* * * (2) Notes Pay- 
able to Secretary op Agriculture. — Promissory notes made payable to the 
secretary of agriculture at Washington, D. C. are hereby exempt from and shall 
not be required to have state documentary stamps affixed thereto. 1933 XXX- 
VIII, 237. 

Subsection 2 added by 1933/237. 



§ 2525 1934 Supplement 96 

§ 2525. Stamps. — Schedule A. — Capital Stock, Issues. — (2) On each 
original issue, whether organization or reorganization, of certificates of stock, 
or of profits, or of interest in property or accumulations, by any corporation, 
on each one hundred ($100.00) dollars of face value, or fraction thereof, ten 
($0.10) cents: Provided, That where a certificate is issued without face value, 
the tax shall be ten ($0.10) cents per share, unless the actual value is in excess 
of one hundred ($100.00) dollars per share, in which case the tax shall be 
ten ($0.10) cents on each one hundred ($100.00) dollars of actual value or 
fraction thereof, or unless the actual value is less than one hundred ($100.00) 
dollars per share, in which case the tax shall be one ($0.01) cent on each ten 
($10.00) dollars of the actual value or fraction thereof. 

The stamps representing the tax imposed by this subdivision shall be at- 
tached to the stock books, and not to the certificates issued. 1932, XXXVII, 
1378. 

Cross Reference. — See note to § 2521 for end of that sentence was added by 1932/ 
constitutionality of subsection 4 hereof. 1378. 

All after the word "thereof," line 9, to 

§ 2528. Sale of Stamps — Regulations for Enforcement — Penalties for Evad- 
ing, Etc. — (2) Discounts Allowed for Handling — Furnishing Bond for 
Stamps to be Consigned — Refunds. — The South Carolina tax commission is 
hereby authorized and directed to have prepared and distributed stamps suitable 
for denoting the tax on all articles enumerated herein. 

The tax commission is hereby authorized to engage any person, firm or cor- 
poration to sell tax stamps, and shall allow as compensation for receiving, 
selling and accounting for such stamps three (3) per cent, in case of sales cf 
business license stamps, made by the tax commission to any merchant (whole- 
sale or retail), or manufacturers (for their individual use), the tax commis- 
sion shall allow the following discounts : On a sale of $25.00 or over and less 
than $50.00 a discount of five per cent, on the entire amount of the sale; on a 
sale of $50.00 or more, a discount of ten per cent, on the entire amount of the 
sale : Provided, That where wholesalers, jobbers, or manufacturers are entitled 
to purchase stamps at a discount of ten (10) per cent, as herein provided in- 
stead of the South Carolina tax commission selling said stamps to such jobbers, 
wholesalers or manufacturers, for cash, it may consign such stamps, if, and 
when such wholesaler, or jobber shall give to the South Carolina tax commis- 
sion, a good and sufficient bond executed by some surety company authorized 
to do business in this state, conditioned to secure the payment for the stamps 
so consigned, when and as they are used on manufactured tobacco products, 
playing cards, and candy retailing for eighty ($0.80) cents per pound or 
above or when and as they are sold on cartridges and shells, by such wholesaler, 
jobber or manufacturer, and to require monthly, or such other periodic account- 
ing and settlement periods for the use of said stamps as the South Carolina tax 
commission may require : Provided, further, That in case any goods, wares or 
merchandise upon which business license stamps have been placed and which 
goods, wares and merchandise have been sold and shipped to a regular dealer 
in such articles in another state, the seller in this state shall be entitled to a 
refund of the actual amount of the tax paid upon condition that the seller 
in this state shall make affidavit that the goods were so sold and shipped and 
that he shall furnish from the purchaser a written acknowledgment that he 
has received such goods and the amount of stamps thereon, together with the 
name and address of the purchaser, whereupon the South Carolina tax com- 



97 Code of Laws of South Carolina § 2531 

mission shall issue to the seller in this state its warrant or order upon the 
state treasurer for the amount thereof, which warrant, or order, shall be paid 
by the state treasurer : Provided, further y That any goods, wares, or merchandise 
requiring stamps that are sold to the United States Government for army, navy 
or marine purposes, and which shall be shipped from a point within this state 
to a place which has been lawfully ceded to the United States Government for 
army, navy, or marine purposes, shall be refunded to the seller upon proof 
that such goods, wares, or merchandise have been so sold and shipped and proof 
of such sale and refund may be made in like manner as the same is made in 
case of sales of such goods to merchants outside the state. The provisions of 
this proviso shall also apply to the sale of gasoline, any statute to the contrary 
notwithstanding : Provided, further, That in case any goods, wares, or mer- 
chandise upon which business license stamps have been placed which shall be 
sold and delivered to ships belonging to the U. S. Navy for distribution and 
sale to members of the military establishment only, or sold and delivered to 
ships regularly engaged in foreign or coast wide shipping between points in this 
state and points outside this state, shall be refunded to the seller upon proof 
that such goods, wares or merchandise have been sold and delivered and refund 
may be made in like manner as the same is made in case of sales of such goods 
to merchants outside of this state : Provided, further, That the tax commission 
may promulgate rules and regulations providing for the refund to dealers of 
the cost of stamps affixed to goods which by reason of damage become unfit 
for sale and are destroyed by the dealer, or returned to the manufacturers : 
Provided, further, That the South Carolina tax commission may promulgate 
rules and regulations to prevent any abuse of the provisions contained herein 
providing for refunds in the above paragraph. 1932, XXXVII, 1319. 

On lines 9 and 10, $25 and $50 were sub- on line 11, $50 was substituted for $100, 
stituted for $50 and $100, respectively ; and 1932/1319. 

§ 2531. Admissions tax. — (4A) Discount Allowed to Use State Designed 
Tickets. — The South Carolina tax commission is hereby authorized to allow 
any person, firm or corporation, liable for the payment of the admissions tax for 
receiving, using and accounting for state designed tickets as authorized by 
the aforesaid section 2531, a discount of ten (10%) per cent, on the entire 
amount of tax due each month. 

(12) Bond Required. — Every firm, person or corporation liable for the pay- 
ment of admissions tax to places of amusement, public bathing places and public 
halls, or elsewhere, imposed under the provisions of section 2531, Code of Laws 
of South Carolina. 1932, incident to continuing in business or to engage in 
operating a place of amusement, shall file a bond executed by some surety com- 
pany, authorized to do business in this state, in an amount as may be approved 
by the South Carolina tax commission, conditioned upon the applicant pay- 
ing all taxes which may be due under the provisions of the aforesaid section. 
No owner or operator of places of amusement as described in the said section 
2531 shall engage in such business subsequent to the approval of this law with- 
out furnishing the bond herein required with the South Carolina tax commission. 

If any person, firm or corporation shall fail within thirty (30) days from the 
date of assessment to pay any of his or its taxes and penalties that may be law- 
fully assessed against him, or it, under the provisions of this section, or shall fail 
to give bond as hereinabove provided, and shall thereafter operate a place, or 
places of amusement within this state, without having first paid said taxes and 
penalties or without having furnished the bond hereinabove required, shall be 



§ 2531 1934 Supplement 98 

guilty of a misdemeanor, and, upon conviction shall pay a fine of not less than 
twenty ($20.00) dollars nor more than two hundred ($200.00) dollars, or be im- 
prisoned not less than ten (10) days, nor more than sixty (60) days, and each day 
that such place of amusement is operated in violation of this section shall con- 
stitute a separate offense. 1932, XXXVII. 1493. 

(13) Motion Picture Theatres Pay Annual Licenses. — (a) Schedule. — 
This section, §2531, is hereby amended so as to place motion picture theatres 
upon an annual license as herein provided, instead of the tax of one (lc) cent 
for each ten cents or fractional part thereof imposed by said Act. 

(b) Schedule of Annual Licenses — Payment. — The following schedule of 
annual licenses shall be paid by all operators of motion picture theatres, in- 
cluding theatres where stage shows are run as a minor incident or added at- 
traction on the same program to motion pictures within the state of South Caro- 
lina. The annual licenses provided herein for motion picture theatres shall be 
prorated quarterly on January 1st, April 1st, July 1st. and October 1st, of each 
calendar year and any person, firm or corporation commencing a motion picture 
business during one of these quarters shall be required to pay for the quarter 
in which business is commenced and for the quarters during the remainder 
of the year, but no refund shall be made to any operator who ceases business 
after securing a license. In case any theatre is closed temporarily for repairs 
or otherwise, no allowance will be made on the amount of tax due by such 
theatre for the period it remains closed. The scale of population under which 
this tax is to be graded is hereby declared to be in accordance with the United 
States census for the year 1930. 

Population of Town Tax Rate Per Year 

0—1500 $1.00 per seat 

1500—3000 $1.25 per seat 

3000—5000 $1.35 per seat 

5000—10,000 $1.50 per seat 

10,000—20,000 $1.60 per seat 

20,000—30,000 $1.80 per seat 

30,000— Up $2.00 per seat 

The seating capacity shall be ascertained on the first day of each quarter or 
on the day a theatre opens for business, Provided, it opens during a quarter 
and the seating capacity so ascertained shall be the basis for the tax during 
that quarter. Provided, where a motion picture theatre operates less than six 
days per week, the schedule of tax herein provided shall be prorated for each 
day operated. The South Carolina tax commission shall be notified, in writing, 
ten (10) days in advance of any change in the seating capacity and in case 
seats are added shall be the basis for the tax for that quarter regardless of the 
fact that the seats are only added for one day or longer and no credit shall be 
allowed where the seating capacity is reduced until the beginning of the next 
quarter. 

(c) Penalties. — That any person, firm or corporation, or ticket seller, ticket 
taker, machine operator or any other person knowingly assisting in any way in 
the operation of a motion picture theatre without the above license having been 
paid by such theatre, shall be guilty of a misdemeanor; and, upon conviction, 
shall be subject to a fine of not more than one thousand ($1,000.00) dollars or 
imprisonment not more than six (6) months, within the discretion of the court. 



99 Code of Laws of South Carolina § 2532 

Each day that such motion picture theatre is operated without a license shall 
constitute a separate offense. 

(d) Theatres Operated for Other than Motion Pictures. — A theatre 
operated exclusively for other than motion pictures shall not come within the 
provisions of this license tax, but shall pay the regular admissions tax imposed 
by section 2531. 

(e) Effect if Sales Tax Enacted. — If a general sales tax should be en- 
acted by the general assembly of South Carolina, the motion picture theatres 
shall be subject to and shall pay the said sales tax at the same rate as all other 
merchants, in lieu of the licenses herein imposed. However, the schedule of 
annual licenses as outlined in subsection (b) hereof, shall be collected quarterly 
in advance as hereinbefore provided as advanced payments on the sales tax 
and shall be credited on the amount of sales tax due by the theatres. 

(f) Severability. — If any clause, sentence, paragraph, or part of this 
subsection shall, for any reason, be adjudged by any court of competent juris- 
diction to be invalid, such judgment shall not affect, impair or invalidate the 
remainder of this subsection, but shall be confined in its operation to the clause, 
sentence, paragraph or part thereof directly involved in the controversy in 
which such judgment shall have been rendered, and if this subsection, or any 
part thereof, shall be held to create an unlawful discrimination with respect 
to any other provisions of any tax law of this state, then, and in such event, 
this subsection shall be invalid and treated as if it were repealed, and section 
2531, Code of Laws, 1932, shall be held, and, in such event is declared to be 
the statute law of this state with respect to the matters and things therein enum- 
erated. 

(g) Road Shows or Amusements Other than Added Attractions. — In the 
event stage plays, known as road shows, or other forms of amusement, are 
presented in any moving picture theatre, not as a minor incident or added at- 
traction on the same program to motion pictures, then, in addition to the 
taxes provided in this subsection, there shall be paid on account thereof the 
additional taxes for such performance or play as is prescribed by section 
2531. 1934, XXXVIII, 1577. 

Subsection 4A is new, 1932/1493. Sub- Code is suggested, 
section 12 was amended by the same act. Subsection 13 added by 1934/1577. 

A comparison with subsection 12 in 1932 

§ 2532. Soft Drinks Tax.—* * * (b) Bottle Drinks Taxable.— 
* * * Provided, That all milk drinks produced by farmers or dairies with 
whole milk and sold in milk bottles shall be exempt from the payment of any 
soft drink tax now provided by law. The classification created by this proviso 
is done for the purpose of fostering and encouraging the dairy industry but 
should this classification be held discriminatory by either the courts of this 
state or the United States, and for that reason this proviso should be held un- 
constitutional, then the classification hereunder created and the provisions 
hereby imposed shall not operate so as to render unconstitutional any classi- 
fication or provision of the statutory laws of the state of South Carolina, more 
commonly known as soft drink tax statutes. 1933, XXXVIII, 245. 

(c) The tax commission is hereby authorized to engage any person, firm 
or corporation to sell tax stamps and shall allow as compensation for receiving, 
selling and accounting for such stamps, three (3) per cent. In case of sales 
of soft drinks license stamps, made by the tax commission to any merchants 



§ 2540 1934 Supplement 100 

(wholesale or retail) or manufacturers, for their individual use, the tax com- 
mission shall allow the following discount: On a sale of less than $25.00 no 
discount shall be allowed; on a sale of $25.00 or over and less than $50.00, a 
discount of five per cent, on the entire amount of the sale ; on a sale of $50.00 
or more, a discount of ten per cent, on the entire amount of the sale. * * * 

In the sale of soft drinks license tax crowns the South Carolina tax com- 
mission shall allow the following discounts : On the sale of less than twenty- 
five (25) gross crowns, no discount shall be allowed; on the sale of twenty- 
five (25) gross crowns, or over, and less than fifty (50) gross crowns, a dis- 
count of five (5) per cent, shall be allowed on the entire amount ; on the sale 
of fifty (50) gross crowns or over a discount of ten (10%) per cent, shall be 
allowed on the entire amount : Provided, That the discount applies only to 
the tax and not the manufacturers' price or transportation cost. 

The South Carolina tax commission may consign soft drinks license tax 
stamps, or soft drinks license tax crowns to manufacturers, wholesalers and 
jobbers, allowing the same discount as when sold for cash, if and when, such 
manufacturers, wholesaler or jobber shall give to the South Carolina tax com- 
mission a good and sufficient bond, executed by some surety company, au- 
thorized to do business in this state, conditioned to secure the payment for 
the stamps, or crowns, so consigned, when and as they are used by such whole- 
saler, jobber or manufacturer, and to require monthly, or such other periodic 
accounting and settlement periods for the use of said stamps or crowns as the 
South Carolina tax commission may require. 1933. XXXVIII, 293. 

Proviso to subsection b added by 1933/245. graph to subdivision (d) 25 substituted for 
In first paragraph of subdivision (c) 50 on lines 3, 4, and 50 substituted 
$25.00 substituted for $50.00 on lines 6, for 100 on lines 4, 6. The second para- 
7; and .$50.00 substituted for $100.44 on graph to subdivision (c), and the first para- 
lines 7. 8, 1933/293; and in second para- graph to subdivision (d) remain unchanged. 

§ 2540. Execution Issued for Unpaid Taxes. 

Soft Drink Tax Lien Superior to Pur- come ahead of lien for license tax imposed 

chase Money Mortgage. — Purchase money on soft drinks by § 2532. Motor Dealers' 

mortgage on property used by soft drink Credit Corporation v. Heise, Sheriff, 166 

bottling business, and recorded after this S. C, 389, 164 S. E., 900. 
section enacted, and is assigned, does not 

§ 2554-1. Service of Executions Issued by Tax Commission. — All coun- 
ties where the duties of collecting delinquent property taxes have been 
taken from the sheriffs and imposd upon tax collectors, such tax collectors 
are hereby empowerd and directed to serve all executions issued by the 
South Carolina tax commission in the same manner as are executions is- 
sued by county treasurers for delinquent property taxes. In cases where 
there is lack of definite authority incorporated in acts creating the office 
of tax collector, as to the collection of delinquent taxes collected by the 
South Carolina tax commission, the sheriffs of such counties are hereby em- 
powered and directed to serve all executions issued by the tax commission 
for delinquent taxes in the same manner as is now provided by law for the 
collection of delinquent property taxes. 1934, XXXVIII, 1661. 

This section added by 1934/1661. 

§ 2555-1. Tax on Oleomargarine. — There is hereby imposed an excise tax 
of ten cents per pound on all oleomargarine sold, offered or exposed for sale, 
or exchanged in the state of South Carolina, containing any fat and/or oil 
ingredient other than any of the following fats and/or oils: Oleo oil from 
cattle, oleo stock from cattle, oleo stearine from cattle, neutral lard from hogs, 



101 Code of Laws of South Carolina § 2578 

peanut oil, corn oil, cottonseed oil, soya bean oil, or milk fat. Such excise 
tax shall be in the form of a stamp in such denominations as will best carry 
out the provisions of the law. Said stamps shall be properly safeguarded as 
to their manufacture, preservation and distribution and shall be in the charge 
of the state tax commission. Proceeds of sales of stamps hereunder shall be 
paid into the general fund of the state. The state tax commission is hereby 
empowered to promulgate such rules and regulations as are consistent with 
the provisions hereof. Any person violating any of the provisions hereof, or 
any of the rules or regulations promulgated by the state tax Commission for 
the purpose of carrying out its provisions, shall be guilty of a misdemeanor, 
and upon conviction shall be fined in any sum not less than twenty-five 
($25.00) dollars nor more than two hundred ($200.00) dollars, or by con- 
finement in any county jail not to exceed two months, or by both such fines 
and imprisonment. 1934, XXXVIII, 1469. 
This section added by 1934/1469. 

§ 2556. License Tax on Operators of Retail Stores. 

Constitutionality. — This section is consti- Carolina Tax Commission, 55 Federal Re- 
tutional. Southern Grocery Stores v. South porter (2nd Series), 931. 

§ 2558. Power Tax — Exemptions. 

Constitutionality. — This section is consti- Commission et al., 52 F. (2nd), 515. 
tutional. S. C. Power Co. et al. v. S. C. Tax 

§ 2564. Use of Tax. 

Constitutionality. — This section is consti- 1931 State property levy.) S. C. Power Co. 

tutional. (Before this section was codified et al. v. S. C. Tax Commission et al., 52 

it provided for the revenue raised under F. (2nd), 515. 
this article during 1931 to be used to reduce 

§ 2567. Life Tenants — Remaindermen. 

Life Tenants — Remaindermen. — The duty fore failure of life tenant to pay taxes on 

is on the life tenant to pay the taxes, and the land could not alter or affect the rights 

the interests of remaindermen are not af- of the remaindermen in the land. Camp- 

fected by reason of the failure of the life bell et al. v. Williams et al., 171 S. C. 279, 

tenant so to do. No taxes may be assessed 172 S. E. 142, 145. Bolt v. Sullivan, 173 

against the interests of remaindermen dur- S. C. 24 ; 174 S. E. 491. 
ing the existence of the life estate; there- 

§ 2569. — Taxes a Debt Due State, and a First Lien upon Property — Enforce- 
ment. 

Bailor and Bailee. — The relation of credi- to pay debts probate judge declined to pay 

tor and debtor exist between the state and taxes for current year, holding they were 

bailee for taxes on personalty ; where there not due, overlooking the provisions of this 

is no recorded agreement to show reserved section, such error made in his judicial ca- 

title of personalty in bailor. Andrews v. pacity no liability at law attaches. Trues- 

Hurst et al., 163 S. C, S6, 161 S. E., 331. dale v. Bellinger, 172 S. C, 80; 172 S. E. 

See notes to § 2567. 784. 

In action to sell real estate of decedent 

§ 2570. Enforcement of Lien on Realty. 

Sell real property for county, state, and sale, Orangeburg County. 1934/1668. 
municipal taxes and assessments at same 

§ 2578. Exemptions from Taxes. — * * (33) In computing for tax- 

ation for state, county or municipal purposes, the true value in money in all 
shares of stock in any bank or banking association doing business in this 
state, there shall be deducted therefrom so much thereof as is invested in 
United States Liberty bonds, or other bonds hereafter to be issued by the 
United States Government, Federal Farm Loan bonds issued pursuant to the 
provisions of an act of Congress, known as the Federal Farm Loan act, and 



§ 2585 1934 Supplement 102 

acts amendatory and supplementary thereto, and bonds issued by Federal Farm 
Mortgage Corporation pursuant to the provisions of an act of Congress known 
as the Federal Farm Mortgage Corporation act, not, however, to exceed twenty- 
five per cent of the capital stock and surplus of such bank or banking institu- 
tion invested. 1934, XXXVIII, 1496. 
Italics added by 1934/1616. 

(49) All real estate owned, now or hereafter, by orphanages and educa- 
tional institutions in this state acquired by gift, devise, or under proceedings 
for the foreclosure of mortgages securing loans made by orphanages and edu- 
cational institutions as an investment of their endowment funds and other 
trust funds, until such real estate can be disposed of, is hereby exempt from 
taxation, for a period of five years unless the income from said property dur- 
ing that period becomes sufficient to pay the taxes. 1932, XXXVII, 1457. 

(50) The lands conveyed to Brookgreen Gardens shall be exempt from all 
taxes for state, county, school or municipal purposes, so long as the said 
gardens shall be maintained and the said lands used exclusively to preserve 
and exhibit the flora and fauna of South Carolina and objects of arts, and 
the public admitted thereto under such reasonable restrictions as may be 
necessary without charge or impost. 1932, XXXVII. 1260. 

(51) Property of the Charleston Museum, known as the Hey ward-Washing- 
ton house, situated at number 87 Church Street, Charleston, S. C, as long as 
the property is maintained and operated as an historic shrine and museum. 
1934, XXXVIII, 1616. 

Subsection 49 is new 1932/1457. Subsec- 1933/265. Cooper River Bridge, Inc., may 
tion 50 is also new. 1!).!2/1260. be exempt from taxes of city of Charleston, 
Subsection 51 added by 1934/1616. 1932/1726, and also certain taxes of Char- 
Tax exemptions in Charleston County : lestou County, 1932/1727. Oconee County : 
Heyward Washington house, and Manigault Certain personalty exempted from Oconee 
house exempted from Charleston County Count? taxes, 1933/25. 

taxes, 1933/484; Certain manufacturing es- Exemption of certain manufacturing 

tablishments located in Charleston County plants in Oconee County. 1934/1211. 
exempted from Charleston County tax, 

§ 2585. Tax Exemption of Manufactories in Richland County. — Any and 
all manufactories desiring to locate in the county of Richland, with a capital 
of not less than one hundred thousand ($100,000.00) dollars, and employing 
fifteen (15) or more men for full time work, shall be exempt from all county 
taxes, except for school purposes, for five years from the time of their es- 
tablishment. 1933, XXXVIII, 275. 

Charleston County was eliminated from See notes to § 2578 for exemptions from 

this section by 1933/275. Charleston County taxes. 

§ 2590. Tax Exemptions of Manufacturing- Establishments in Greenville 
and Sumter Counties. 

John K. Croswell home exempt from Sumter County taxes, 1934/1573. 

§ 2595. Orangeburg County and Florence County to Exempt Certain Man- 
ufacturing Establishments. 

Certain eleemosynary, social and educa- municipal and school taxes in Orangeburg 
tional organizations exempt from county, County, 1934/1599. 

§ 2597. Manufactories in Richland, Lancaster, Georgetown, Greenwood, 

Marion, Cherokee, Saluda, and Laurens Counties Exempt from County Taxes 

for Five Years. 

Insofar as Laurens County is concerned, 1557. See 1932/1557 for provisions relating 
this section was superseded by 1932/1328, to tax exemptions in Laurens County. 



103 Code of Laws of South Carolina § 2614 

Real estate acquired by Wadsworth school exempt from county and school taxes, 1934/ 
trustees, Laurens County, by foreclosure 1247. 

§ 2598. Exemption of Certain Manufacturing Establishments in Spartan- 
burg' County. 

The following proviso was added to this the county taxes except for school purposes 

section by 1932/1341: "Provided, That ad- for a period of five (5) years from the time 

ditions to existing manufacturing establish- of making such additions." 

ments where the cost of such additions is See 1933/150, 1934/13S6, which exempts 

not less than twenty-five thousand ($25.- certain manufacturing enterprises from 

000.00) dollars shall also be exempt from Spartanburg County taxes. 

§ 2600. Tax Exemption of Manufactories in Clarendon County. 

See .1932/1265, which exempts property Clarendon County taxes, 
owned by Gable High School District from See notes to § 2567. 

§ 2607. When Returned and How Valued. 

See notes to § 2703 for time to make returns. 

§ 2608. Return of Real Estate for Taxation. 

See notes to § 2703 for time to make returns. 

§ 2609. Dog Tax— Return— Collection— Lien. 

See § 2612 and notes thereto. 

§ 2610. Amount of Dog Tax.—* * * *(1) Provided, That no capita- 
tion tax shall be levied upon the dogs of Union County, and of Anderson County. 
1933, XXXVIII, 245. 

Proviso (1) added by 1933/245. 

§ 2611. Receipts and Tags — Time of Payment — Disposition of Proceeds. 

See § 2612 and notes thereto. 

§ 2612. Keep License on Dog — Counties Exempted from Dog Tax. — 

# * # (]_) Provided, further, That the provisions of this and the pre- 
ceding section shall not apply to Jasper County and no license tax on dogs 
shall be assessed, levied or collected in said county. 

(2) Provided, That the provisions of §§ 2609-2615 shall not apply to Ker- 
shaw County. 

(3) Provided, further, That no license tax or dog tax of any kind or de- 
scription shall be collected in Greenville County, McCormick County, Colleton 
County, Barnwell County and Fairfield County. 

(4) Provided, That no dog tax shall be assessed, levied or collected, and 
no dog licenses shall be required of any person owning, harboring or maintain- 
ing a dog in Horry County. 

(5) Provided, further, That this and the two sections next preceding shall 
not apply in the counties of Charleston and Kershaw. 

(6) Provided, That no dog tax shall be assessed, levied or collected, and no 

dog license shall be required of any person owning, harboring or maintaining 

a dog in Chester County. 1933, XXXVIII, 85, 86, 109; 1934, XXXVIII, 

1424, 1344, 1549. 

Proviso (1) added by 1933/85. Proviso viso (6) added by 1934/1424. 

(2) added by 1933/86. Proviso (3) added Dog tax for Calhoun County, see 1933/62; 

by 1933/109. Proviso (4) added by 1933/ for Hampton County, see 1933/23; for York 

109. Proviso (5) added by 1934/1594. Pro- County, see 1933/319; 1934/1344. 

§ 2613. Non-Payment — Penalty — Disposition of Fines. 

See § 2612 and notes thereto. 

§ 2614. Fee of County Treasurer. 
See § 2612 and notes thereto. 



§ 2615 1934 Supplement 104 

§ 2615. School Trustees to Assist. 

See § 2612 and notes thereto. 

§ 2619. Tax on Dog's in Darlington, Georgetown, Lee, Berkeley, Chester- 
field, Aiken, York and Lexington Counties. 
See 1933/319, 1934/1344 for dog tax, York County. 

§ 2621. Capitation Tax on Dogs in Dorchester County. — Repealed by 1933 
Acts, page 69. 

§ 2678-1. Tax Commission to Collect Corporation License Fees and Taxes 
Due Under §§ 2678 to 2690-A — Deposit of Proceeds. — Beginning January 1, 
1933, all corporation license fees and taxes provided for in §§ 2678 to 2690-A, 
inclusive, of the Code of Laws of South Carolina, 1932, shall be payable to 
the South Carolina tax commission instead of to the state treasurer. Execu- 
tions for delinquent taxes now provided in such sections shall be executed by 
the South Carolina tax commission instead of the state treasurer. All monies 
collected by the South Carolina tax commission under the provisions hereof 
shall be deposited to the credit of the state treasurer as other taxes now col- 
lected by the tax commission. 1932, XXXVII, 1392. 

To avoid unnecessary printing this article amendment (§ 2678-1) is applied, 
is not reproduced as it would be after the 

§ 2681. Fees of Domestic Corporations. 

See § 2678-1 and note. 

§ 2682. Fees of Foreign Corporations upon Property Used in State. 

See § 2678-1 and note. 

§ 2685. License Fee upon Gross Income in South Carolina. 

See § 2678-1 and note. 

§ 2686. Tax Commission's Receipt — Reports. 

See § 2678-1 and note. 

§ 2687. Penalty for Failure to Report — Collection. 

See § 2678-1 and note. 

§2690-1. Further Additional License Fees Required. — (1) License Fees — 
Schedule. — There shall be levied and collected, in addition to the license fees 
imposed under the provisions of §§ 2678 to 2690-A, inclusive, additional fees as 
follows : 

(a) Upon railroad companies, express companies, street railway companies, 
navigation companies, waterworks companies, power companies, light companies, 
gas companies, telegraph companies, telephone companies, parlor, dining and 
sleeping car companies, tank car lines, refrigerating car lines, fruit growers 
express car lines and all other privately operated car lines, a license fee of one 
mill upon each dollar of the true value of property owned and used within this 
state in the conduct of their business. 

(b) Upon each corporation organized under the laws of this state to do 
business for profit other than those enumerated above, one mill upon each 
dollar paid to the capital stock of said corporation, except mutual building 
and loan associations, which are hereby exempted. 

(c) Every other corporation (except railroad companies, express companies, 
street railway companies, navigation companies, waterworks companies, power 
companies, light companies, gas companies, telegraph companies, telephone com- 
panies, parlor, dining and sleeping car companies, tank car lines, refrigerating 



105 Code of Laws of South Carolina § 2698 

ear lines, fruit growers express car lines and all other privately owned car 
lines) organized to do business for profit under the laws of any other state, 
territory or country, doing business in this state, shall pay an anual license 
fee of one mill upon each dollar of the true value of the property of such cor- 
poration used within this state in the conduct of its business, except mutual 
building and loan associations, which are hereby exempted. 

(d) The additional taxes herein levied shall be paid to the South Carolina 
tax commission at the time specified in §§ 2678-2690-A, inclusive. 

(2) Collection — Enforcement. — For the purpose of enforcement, collec- 
tion, liens, penalties, and other provisions of enforcement all the provisions of 
§§ 2678-2690-A, inclusive, and § 7704 and Act No. 804, Acts of the General 
Assembly of South Carolina, 1932, (2678-1, supplement) that may be appro- 
priated or applicable are hereby adopted and made a part of this section for the 
enforcement and administration. Provided, The South Carolina tax commission 
may require additional returns from all of said corporations affected by this 
section or where practicable may use any returns that may have been filed 
during the year 1933. 

(3) Saving Clause. — If any clause, sentence, paragraph or part of this 
section shall for any reason, be adjudged by any court of competent jurisdic- 
tion to be invalid, such judgment shall not be held to affect, impair or invalidate 
the remainder of this section, but shall be confined in its operation to the clause, 
sentence, paragraph or part thereof directly involved in the controversy in 
which said judgment shall have been rendered. 

(4) Administration. — The administration of this section is vested in the 
South Carolina tax commission, which shall prescribe rules and regulations per- 
tinent to the enforcement thereof, and all such rules and regulations shall have 
the full force and effect of law. 

(5) Taxes Additional — Deposit of Proceeds. — The license tax or taxes 
imposed by this section shall be in addition to all other licenses and taxes levied 
by law as a condition precedent to engaging in any business or doing any act 
taxable under the provisions of this section. The tax commission shall remit 
to the state treasurer all moneys collected. 1933, XXXVIII, 574. 

This section added by 1933/574. 

§ 2698. County Auditors — Appointment — Term — Bond. — The Governor is 
authorized by and with the advice and consent of the senate, to appoint for each 
county in the state a county auditor, who shall hold his office for a term of 
four years, and until his successor is appointed and qualified, and to require 
such bond from said officer as he may deem necessary : Provided, That in the 
counties of Dillon and Jasper the term of office of said county auditor shall 
be two years and until his successor is appointed and qualified: Provided, 
The county auditor of Beaufort County shall be elected by the qualified elec- 
tors of said county in the general election of 1914 and in the general election 
every four years thereafter: And Provided, further, That the bond of the 
county auditor of Greenwood County shall be two thousand dollars, and the 
bond of the county auditor of Dorchester County one thousand dollars, and 
the bond of the county auditor of McCormick County shall be five thousand 
dollars. Before entering on the duties of his office the auditor so appointed 
must take the oath prescribed by the Constitution, and also the oath in respect 
to dueling. 1934, XXXVIII, 1428. 



§ 2699 1934 Supplement 106 

By 1934/1428 term of auditor of Bam- berry County, § 4666: Term of McCormick 

berg County increased to four years. County auditor commences on July 1, for 

Bond of auditor of Bamberg County, four years, 1933/152 ; 1934/1230. 
§ 3989-1; Cherokee County § 4121-1; New- 

§ 2699. Term of Office of Auditor and Treasurer in Dillon County. 

By 1934/1222 the terms of Dillon County years beginning July 1, 1935. 
auditor and treasurer were fixed for four 

§ 2700. Salaries of County Auditors and Treasurers. — * * - r 
Class E. Fairfield, Kershaw, Lexington, Marlboro, Pickens, Union, auditors 
and treasurers, each $2,750.00. * * * 

Class H. Allendale, Bamberg, Calhoun, McCormick, auditors and treasurers, 
each $2,000.00. 

Class I. Oconee and Saluda, auditor $1,800.00 ; treasurer $1,800.00. * * * 
1933, XXXVIII, 290. 

By 1933/290 Oconee County was elimi- Newberry County, see § 46S4-1 ; Orange- 
nated from class E and inserted under new burg County, see § 4723-1 ; Richland County, 
class I ; and Saluda County was eliminated see § 4738-1 York County, see § 4920-1. For 
from class H and inserted in new class I. salary of county treasurer, Lancaster 
For salaries of county auditor and county County, see § 4569 (3). The section other- 
treasurer for Florence County, see § 4365 wise remains unchanged. 
(1932/1281); Horry County, see § 4494-1; 

§ 2703. Time for Making Returns to County Auditors. 

Time to make returns in Aiken County. berg County, 1933/430; Beaufort County, 
1933/475 ; Allendale County, 1933/423 ; Bam- 1933/499 ; Marlboro County, 1933/522. 
See notes to § 2567. 

§ 2727. How Returns are Made and Kept Correct.—* * * (1) And 
provided, further, That in Marion County no fees shall be charged or collected 
for making such entry and endorsement, but that the count}* auditor of the 
said county shall make the same as a part of his official duties without additional 
compensation. 1934, XXXVIII, 1222. 

Proviso 1 added by 1934/1222. 

§ 2737. Assessment of Property for Taxation by Township by Township 
Boards of Assessors, Etc. — Special Provisions. — Except in the counties of 
Barnwell, Beaufort, Charleston, Cherokee, Chester, Darlington and Hampton, 
the duties relative to the valuation, assessment and return of property for taxa- 
tion are hereby devolved upon township boards of assessors, special boards of 
assessors for cities and towns, as now provided by law, and the county board 
of equalization which said tow r nship and special boards shall be appointed every 
two years by the Governor, upon the recommendation of the members of the 
general assembly, from the respective counties, or a majority of them and their 
office shall be co-terminal with that of the Governor appointing them, and until 
their successor shall be appointed and qualified, and the chairman of each of 
said board shall be ex officio a member of the county board of equalization : 
Provided, That in Horry, Newberry and Pickens Counties, the township and 
town boards shall be appointed by the auditor : Provided, That in the county 
of Hampton the township board of assessors shall consist of three in each town- 
ship, who shall hold their offices for two years and until their successors shall be 
appointed and qualified. The chairman of each of the township boards of 
assessors, who shall be elected out of their number by the members of each of 
the said township boards, shall constitute the boards of equalization for the 
said county, who shall, with the assistance of the auditor of said county, per- 
form the duties of equalization now provided by the general law of this state : 



107 Code of Laws of South Carolina § 2737 

Provided, That in Berkeley County the county auditor shall hereafter take the 
annual returns of property : Provided, That, it shall be the duty of the said 
county board of equalization for said county, together with the county auditor 
as ex officio member, to meet at the county court house on some convenient 
day fixed by the county auditor after the returns have been taken by the 
county auditor, and to assess and equalize property of said county as between 
individuals or corporations, and shall perform all the duties now required to be 
performed by the county board of equalization under the general law of the 
state : Provided, further, That at the first meeting of said county board of 
equalization they shall organize and elect one of their members as chairman : 
Provided, further, That one of the days above mentioned shall be used by the 
said board of equalization for the purpose of comparing the original return* 
of property in said county with the entries of said property on the books of 
the county auditor, who shall call a meeting of the board after entries have 
been made on said books for inspection of the same: Provided, That in the 
county of Abbeville the board of assessors for the various tax districts shall 
consist of the boards of trustees for the respective school districts, and they 
shall perform all duties and receive such compensation as is now provided by 
law for township assessors : Provided, That in school district No. 22, in Ab- 
beville County, the board of trustees of said school district shall select three 
of their number to perform the duties of tax assessors in said school district : 
Provided, That in the county of Richland the boards of assessors for the va- 
rious tax districts outside of the city of Columbia shall consist of the trustees 
for the respective school districts, and they shall perform all duties and re- 
ceive such compensation as is now provided by law for township or tax dis- 
trict assessors: Provided, further, That in the county of Saluda the board 
of assessors for the various tax districts shall consist of the chairman of the 
board of trustees for the respective school districts, and they shall perform all 
duties and receive such compensation as is now provided by law for township 
or tax district assessors : Provided, That there shall be appointed by the Gov- 
ernor, by and with the advice and consent of the legislative delegation for 
Hampton County, one suitable person for each school district in Hampton 
County, residing in such school district, who shall be vested with power and au- 
thority, and whose duty it shall be to report to the board of assessors for Hamp- 
ton County, before the annual meeting of such board of assessors for Hamp- 
ton County each year, a list of the personal property owned by each person 
in such school district represented by them, respectively, including the quali- 
fications of each and every person resident within such school district for 
the payment of poll and road tax, and who shall, in addition thereto, report 
the number of dogs owned by each and every person residing within such re- 
spective school district : Provided, That said school district assessors are 
hereby empowered to make a thorough investigation of all returns, and if 
same are found by them to be incorrect, they are hereby authorized and required 
to report same to the county auditor, whereupon the county auditor shall be 
required to enter same upon his books for collection : Provided, further, That 
said school district assessors are hereby authorized and required to report any 
and all land not returned in their respective districts for taxation to the county 
auditor, who shall enter the same for collection: Provided, further, That the 
school district assessors and the county auditor shall constitute a committee 
and are authorized, empowered and directed to hear any and all complaints 
from taxpayers, and if said returns appear to be unjust or incorrect, they shall 



§ 2737 1934 Supplement 108 

have power to correct same: Provided, further, That the said school district 
assessors shall make their report to the county auditor on or before the first 
day of May of each year. Such persons, when so appointed by the Governor, 
shall receive as compensation for their services, upon the filing of their report 
to the county board of assessors, the sum of five ($5.00) dollars for each and 
every day actually engaged in the discharge of their duty, not to exceed 
five (5) days in any one calendar year. The tenure of office of such persons 
shall be at the pleasure of the Governor, and until their successors are ap- 
pointed and qualified. 

Before entering upon the discharge of their duties, such persons, upon their 
appointment by the Governor, shall qualify by taking the oath of office pro- 
vided for other county and state officers: Provided, That the Governor, upon 
recommendation of the members of the general assembly from Marlboro County, 
or a majority thereof, shall appoint three competent men in each school dis- 
trict in Marlboro County, who shall constitute a board of tax assessors, whose 
duty it shall be to equalize and assess all property for taxation as now pro- 
vided by law with the same duty, powers and authority as now granted to 
township boards of assessors by law. The said board of assessors in each 
school district shall elect one of their number chairman, who shall preside 
over their meetings, and the chairman of all the school district boards of 
assessors shall constitute the county board of assessors for the purpose of equal- 
izing and assessing the property for taxation within the said county with the 
same duties, powers and authority now conferred by law upon the county 
board of assessors : Provided, That in Florence County there shall be ap- 
pointed for each school district boards of assessors for the equalization of 
property, said boards to be appointed and to perform the duties as is now 
provided for by law: Provided, That the Governor shall appoint, upon the 
recommendation of a majority of the legislative delegation, two competent 
persons in each township of Cherokee County, who, with the township com- 
missioner from such township, shall constitute the township board of assessors. 
They shall be appointed for a term of two years from the date of their ap- 
pointment, and shall remain in office until their successors shall have been 
duly appointed. It shall be the duty of said township assessors to value and 
assess for taxation, all the property within their respective townships, and the 
township commissioners shall constitute the board of equalization. Said as- 
sessors shall receive as compensation the sum of three dollars per day, for 
each day actually engaged in their duties, not to exceed twenty days in each 
year: Provided, That the twenty-seven (27) school districts in Darlington 
County, which constitute the twenty-seven (27) tax districts, be divided into 
nine (9) assessment districts for assessing the property of said county for 
the purpose of taxation; assessment district No. 1, to consist of school districts 
Nos. 2, 21 and 7, Darlington, Palmetto and Mechanicsville, respectively; as- 
sessment district No. 2, to consist of school districts Nos. 14, 30, 13, 
Mont Clare, Dovesville and Society Hill, respectively; assessment district No. 
3, to consist of school districts Nos. 18, 16 and 17, Antioch, Leavensworth and 
New Market, respectively; assessment district No. 4, to consist of school dis- 
tricts Nos. 32 and 5, Hartsville and Pond Hollow, respectively; assessment 
district No. 5, to consist of school districts Nos. 28, 10 and 9, Clyde, Kelly 
Town and Black Creek; respectively; assessment district No. 6, to consist of 
school districts Nos. 15, 1 and 29, Ep worth (Lydia), Bethel and Burnt Branch, 
respectively; assessment district No. 7, to consist of school districts Nos. 27, 20 



109 Code of Laws of South Cakolina 2779-A 

and 11, Oates, Philadelphia and Anderson (Lake Swamp), respectively; as- 
sessment district No. 8, to consist of school districts Nos. 8, 23 and 12, Swift 
Creek, Indian Branch and High Hill, respectively; assessment district No. 9, 
to consist of school districts Nos. 6, 4, 24 and 3, Lamar, Newman Swamp, 
Lynches River and Quietude, respectively. For each of said assessment dis- 
tricts there shall be appointed by the Governor, upon the recommendation 
of a majority of the delegation in the general assembly from Darlington County, 
three men from each assessment district, who shall constitute for the term of 
two years, the board of assessors for said district, for the purpose of assess- 
ing the value of the property of said assessment district for taxation, and that 
the chairman for said board of assessors for each district shall be an ex- 
officio member of the county board of equalization for Darlington County ; and 
said boards of assessors shall perform all duties and receive such compensa- 
tion as provided by law for township assessors. 1933, XXXVIII, 399. 

This section amended by 1933/399 as to 1934/1207. 

the assessment of property for taxation for Board * of assessors and equalization, 

Darlington County only. The section other- Oconee County, 1934/1325, 1615. 

wise is unchanged in so far as the other School district assessors, Cherokee Coun- 

counties are concerned. ty, 1934/1534. 

Board of assessors, Spartanburg County, 

§ 2757. Assessors in Clarendon County — Duties — Compensation — Terms. 

By 1932/1212 the per diem of assessors number of days 10 to 5. 
was reduced from $5.00 to $3.00, and the 

§ 2758. Assessors for Dorchester County. — Repealed by 1933 Acts, page S. 

§ 2769. Board of Tax Assessors, Town of St. George.— Repealed by 1934 
Acts, page 1259. 

§ 2772. Uniform Assessment. 

See generally as to liability of munici- Wharton, Mayor, et al., 163 S. C, 242, 161 
pality for bonds issued in excess of its con- S. E., 454. 
stitutional maximum. Bolton et al. v. 

§ 2779-A. Board of Tax Appeals for Counties Under §§ 2773-2788.— 

There is hereby created in each county coming under the provisions of sections 
2773-2788 a board to be known as the board of tax appeals, which shall con- 
sist of three (3) residents of the county, two (2) of whom shall be appointed 
by the members of the house of representatives of such county, and one (1) of 
whom shall be appointed by the senator of such county. Said members shall 
hold office for a term of two (2) years, and until their successors shall have 
been appointed and qualified. They shall each receive for each day they ac- 
tually hear appeals five ($5.00) dollars per diem, for not exceeding twenty 
(20) days in any one (1) calendar year. At each hearing before said board 
of tax appeals the testimony and proceedings shall be reduced to writing, and 
signed by the witnesses, and the said board is empowered to employ the ser- 
vices of a stenographer whenever necessary for that purpose. Any member 
of said board acting as chairman at any hearing shall have power to administer 
oaths, and said board, through its chairman, shall have the right and power 
by subpoena to compel the attendance of witnesses. 

Any such owner, or his agent, feeling aggrieved by the decision of the board 
of equalization, shall have the right, within ten (10) days after notice thereof 
as hereinbefore provided, to appeal therefrom to the board of tax appeals, by 
filing with the said board a written notice of appeal, setting forth and speci- 
fying the grounds of said appeal, and by delivering to the county auditor 



8 Q n n 



§ 2785 1934 Supplement 110 

for said board of equalization, a copy of said notice of appeal, within ten 
(10) days after receipt by the county auditor of the copy of said notice of 
appeal, the said board of equalization shall transmit to the board of tax ap- 
peals a certified copy of the testimony and proceedings at said hearing and of 
the decision or order appealed from. Thereupon the said board of tax ap- 
peals shall fix a time and place for the hearing of said appeal and shall give 
written notice thereof to the said appellant and to the said board of equaliza- 
tion not less than five (5) days in advance of the day fixed for said hearing. 
At said hearing both the appellant and the said board of equalization shall 
have the right, if they so desire, to be heard. Upon the hearing of said ap- 
peal, the said board of tax appeals shall either confirm, increase or reduce the 
valuation and assessment complained of, as may be required by the evidence 
and the justice of the case. 

No assessment or valuation of property fixed by the said board of equaliza- 
tion shall be reduced, nor shall any decision of said board be modified, changed 
or reviewed except by the order of the board of tax appeals upon appeal as 
hereinbefore provided. Appeals shall lie from decisions of the said board 
of tax appeals to the South Carolina tax commission in the manner now pro- 
vided by section 2780 for appeals from decisions of the board of equaliza- 
tion. Henceforth, appeals shall lie from the board of equalization to the board 
of tax appeals, and from the board of tax appeals to the South Carolina 
tax commission. 1933, XXXVIII, 459. 

This section added by 1933/459. 

§ 2785. Compensation of Board. 

By 1932/1538 the number of days for which pay could be drawn was limited to SO. 

§ 2789. County Treasurer — How Appointed — Bond. — The Governor is au- 
thorized by, and with the advice and consent of. the senate, to appoint for each 
county in the state a county treasurer, who shall hold office for four years, 
and until his successor is appointed and qualified, and whose term of office 
shall commence on the 1st day of July following the general election in the 
year preceding his appointment or election : Provided, The term of office 
of the treasurers of the counties of Dillon and Jasper, shall he for two yens 
and until their successors are appointed and qualified : And, provided, further, 
That the treasurer of the county of Beaufort shall be elected by the qualified 
electors of said comity at the general election for the year 1914 and every four 
years thereafter by said qualified electors. Before entering upon the duties of his 
office he must take and subscribe the oath of office prescribed by the Consti- 
tution, and also the oath with respect to dueling. The Governor may require 
from said officer such bond as he may deem necessary, but the bond of the 
county treasurer of Charleston County shall not be less than fifty thousand 
dollars ; the bond of the county treasurer of the counties of Richland and Beau- 
fort, respectively, not less than thirty thousand dollars; the county treasurers 
of Saluda, and McCormick, respectively, ten thousand dollars, and the county 
treasurer of Berkeley County twenty-five thousand dollars ; the county treas- 
urer of Bamberg County fifteen thousand dollars; the county treasurer of 
Georgetown County twenty-five thousand dollars, and the county treasurer 
of Horry County and the county treasurer of Dorchester County thirty thou- 
sand dollars, respectively, and the county treasurer of Pickens forty thousand 
dollars; and the bond of the county treasurers of the other counties, respec- 
tively, not less than twenty thousand dollars. 1934, XXXVIII, 1427. 



Ill Code op Laws of South Carolina § 2811 

By 1934/1427 term of Bamberg County lington County, §2810, 1933/451; Lancaster 

treasurer increased from two to four years. County, 1932/1262 ; Newberry County, S 

Bond of treasurer of Bamberg County, 4666; Oconee County, 84689 
§39S9-1; Cherokee County, §4121-1; Dar- 

§ 2795. Taxes Payable Annually— How Payable. 

Date Tax Books Open in Aiken County, 475; Allendale County, 1933/423; Bamberg 
1933/475 ; Allendale County, 1933/423 ; County, 1933/430 ; Clarendon County, 1932/ 
Bamberg County, 1933/430 ; Beaufort 1267 ; Darlington County, 1932/1267 ; Edge- 
County, 1933/499; Lexington County, 1933/ field County, 1932/1492; Greenville County 
228; Marlboro County, 1933/522. 1932/1267; 1933/390; Lee County, 1932/ 

Delinquent Taxes Payable in Install- 1492; Lexington County, 1933/228; Marion 

ments in Aiken County. 1933/475 ; Allendale County, 1932/1267 ; Marlboro County, 1932/ 

County, 1933/423; Bamberg County, 1933/ 1492; 1933/522; Newberry County, 1932/ 

430, 1934/13S4; Chesterfield County, 1933/ 1359; Oconee County, 1933/390, 1934/1449; 

543: Clarendon County. 1933/540: 1934/ Sumter County, 1932/1447. 

1408; Colleton County, 1933/532; Darling- tvt^*;^^ t 't r. a, *„. ^^ * 

+™ r'™,^,- moo/oKo t^a a iJ A I Notices of Taxes Due: Sumter County, 

ton County. 1933/353 ; Edgefield County. 1932/1447 

IP33/335; Darlington County. 1932/1348: „ . ' 

1933/353: Fairfield County, 1933/331; Flor- ,_F ay * n Installments: Aiken County, 1933/ 

fence County, 1933/217, 355; Georgetown t' 5; Alle " drtle County, 1933/423; Bamberg 

Bounty, 1933/201; Greenwood County, 19:;::/ 7™ nty ' 193 3/430 ; Beaufort County, 1933/ 

162; Greenville County, 1932/1348; Hamp- 4 " ; Fairfield County, 1933/331; Lexington 

ton Countv. 1933/427: Kershaw County County, 1933/228; Marlboro County, 1933/ 

1933/470: Laurens County. 1932/1348; Lee 522 ; Newberry County, 1933/326. 

County. 1932/1388. 1933/217, 355; Lexing- Payment of Taxes with School Claims 

ton County. 1933/228 : Marion County. 1933/ and County Claims: Allendale County, 

34S: Marlboro County, 1933/522 ;* Oconee 1933/322, 1934/1255; Calhoun County, 

County. 1933/335: Orangeburg County, 1933/110, 324: Clarendon County, 1933/95; 

1932/1560: Richland County. 1932/1558, Darlington County, 1933/219; Edgefield 

1933/147; Saluda County, 1933/285; Spar- Comity. 1933/276; Fairfield County, 1933/ 

tanburg County. 1933/370; Sumter County, 331; Hampton County, 1933/427; Lee 

1932/1443, 1933/443; Williamsburg County, County. 1934/1271; Newberry County, 

1933/556. 1933/326; Williamsburg County, 1933/110, 

Discount on Taxes: Aiken County, 1933/ 324. 

§ 2804. Deposit of Abbeville County Funds. 

§ 2S04, 1932 code, was repealed by 1932/ 1932/1112, which requires Abbeville County 

1151 ; however the number is retained to treasurer to require security for deposits, 
avoid hyphenating section numbers. See 

§ 2807-1. Deposits of Public Funds in Beaufort County. 

See 1932/1173, 1933/321 and 1934/1574. to be secured, 
which provides for deposits of public funds 

§ 2808. Treasurer of Berkeley County to Take Security for Deposits of 
All County Funds. 

This section was amended by 1932/1218. 

§ 2808-6. Clarendon County Funds — Deposit — Investment. 

See 1933/91, which provides for Claren- which provides for deposit of Clarendon 

don County treasurer to invest funds held County funds, 
by him; see also 1933/53, 1934/1275, 1286, 

§ 2810. Deposits of Public Funds in Banks of Darlington County. 

Subsection 1 amended by 1933/451 by by the county treasurer. The said 1933 Act 
providing additional provisions relating to fixed the bond of the treasurer of Darling- 
security for deposits of Darlington County ton County at $40,000.00. 
funds, and for the safeguard of funds held 

§ 2811. Deposit of Sinking Funds, Dillon County. 

"* * * the word 'collateral' was used, and that would be made. Those terms harmo- 

in Section 4267 the word 'security' was nize with the general provision contained in 

used, and the meaning of each word is section 7S62, whereby a treasurer, as well 

large enough to include bills receivable. as any other depositor, has the right to 

The treasurer and the bank had the law- make terms as to his deposits." Temple v. 

ful right to make agreements that assets McKay, 172 S. C, 305; 174 S. E., 23. 

would thereafter be pledged for deposits See notes under § 4267. 



§ 2812-1 1934 Supplement 112 

§ 2812-1. Deposit of Public Funds in Edgefield County. 

See 1933/519, which provides for deposit secured, 
of public funds of Edgefield County to be 

§ 2815. Deposit of Public Funds in Georgetown County. 

Subsection 1 of this section was amended not to exceed twenty thousand ($20,000.00) 
by 1932/1426: however the said 1932 Act dollars, to be used for current operating 
was amended by 1933/19. The following expenses in Georgetown County." Subsec- 
proviso was added to paragraph 1, 1933/19 : tion 3 of this section was amended by 
Provided, however, it shall be lawful for 1932/1131. A comparison of subsection 3 
the county treasurer to keep on deposit, as amended by the said 1932 Act with sub- 
without security, in some bank or banks section 3 in the 1932 Code and 1933/19 is 
designated by the board of county Com- suggested, 
missioners as the proper depository, a sum 

§ 2815-2. Deposit of Public Funds in Greenwood County. 

See 1933/93, wbich provides for deposit of public funds to be secured. 

§ 2816. Deposit of Hampton County Funds — Bonds of Auditor and Treas- 
urer. 

Paragraph 1 of this section in 1932 Code Paragraph 2 of this section in 1932 Code is 
superseded by 1932/1112. For deposit of not affected, 
funds of Hampton County see 1932/1112. 

§ 2818. Deposit of Public Funds, Kershaw County. 

1933/455, 1934/1404, 1406; (§ 4529-1), powers, should be consulted in connection 
providing for Kershaw County sinking fund with this section, 
commission and prescribing its duties and 

§ 2818-1. Deposit of Lancaster County Funds. 

See 1933/83, which provides for deposit sheriff, 
of Lancaster County funds by treasurer and 

§ 2822. Deposit of Public Funds in Newberry County. 

See 1934/1535, which provides for se- are deposited in cash depositories, 
curity when the funds of Newberry County 

§ 2823. Oconee County Treasurer Requires Security for Deposit of County 
Funds. — Repealed by Acts of 1933, page 583. 

§ 2824. Security Required for Deposits of Pickens County Funds. 

§ 2824, 1932 code, was repealed by 1932/ 1932/1280, which requires security for de- 
1280; however the number is retained to posits of Pickens County, 
avoid hyphenating section numbers. See 

§ 2825. Treasurer of Richland County Must Obtain Security for Deposit. 

See 1934/1203 for security required for deposits of Richland County. 

§ 2825-2. Security Required for Deposits of Spartanburg County. 

See 1933/387, which requires the Spartan- public funds, 
burg County officials to secure deposits of 

§ 2826. Investments by County Treasurer of Sumter County. 

See 1932/1135 which requires security for deposit of Sumter County funds. 

§ 2827. Deposit of Public Funds in Williamsburg County. — Repealed by 
1934 Acts, page 1559. 

§ 2829. Annual Report to Court of General Sessions — Exceptions.— He 
shall make an animal report to the presiding judge, at the second term of 
the court of general sessions in his county, which shall be held after the first 
day of January in each year, of the number, character and amount of claims 
paid by him on orders of county commissioners and of county school commis- 
sioners and to whom paid, which report shall be submitted by said judge to 
the grand jury for their examination, and shall be filed by the clerk of said 



113 Code of Laws of South Carolina § 2854 

court and kept in his office for public inspection. He shall cause said report 
to be published at least two weeks before the sitting of the court, in some 
newspaper published in the county. The county treasurers of Fairfield, Flor- 
ence, Chesterfield, Clarendon, Marion, Williamsburg, Edgefield, Sumter, Colle- 
ton, Chester, Orangeburg, Greenville, Darlington, York, Pickens, Marlboro, 
Beaufort, Lancaster, and Aiken Counties shall not be required or allowed, at 
public expense, to publish annually the itemized statements of their disburse- 
ments. 1932, XXXVII, 1312 ; 1934, XXXVIII, 1241. 

By 1932 Act, p. 1312, Marlboro County By 1934/1241 "Lancaster County" added 

treasurer was not required to publish his to last sentence, 
statement at public expense. 

§ 2843-1. Charge off Losses of Public Funds in Any County Office on 
Consent of Comptroller General. — Whenever there shall occur in any county 
office in this state a loss of public funds arising through defalcation, bank de- 
posits, theft or otherwise, the county treasurer, or other officer, having custody 
of the records in which such loss appears shall have, and is hereby given au- 
thority, to charge off said loss with the approval of the comptroller general. 
Provided, That in the case of bank losses, the bank shall have been liquidated 
and the receiver or other agent discharged. And, in the case of any other loss or 
losses, the sums recoverable by bond or otherwise shall have been applied against 
the loss and the remaining sum definitely ascertained to be irrecoverable. 1933, 
XXXVIII, 491. 

This section added by 1933/491. 

§ 2846. How to Proceed in Case of Claim that Tax is Illegal. 

Taxes Affected. — Sections 2S45 and 2S46 to taxes assessed by other taxing bodies, 
apply only to general property taxes Nutt v. Ellerbe, 56 F. (2nd), 1058. 
charged upon the books of the several 
county treasurers, and have no application 

§ 2853. Treasurer Issues Execution to Sheriff — Form of. 

Darlington County treasurer bolds execu- property for non-payment of taxes. 1934/ 
tions until November 16; levy and sell 1208. 

§ 2854. Fees and Charges Allowed — Sheriff — Treasurer. — The treasurer 
for every such warrant issued shall have from such defaulter $1.00; and the 
sheriff shall take from such defaulter the following fees in the execution of 
his office, to wit, for serving each warrant $1.00, besides mileage at the rate 
of five (5) cents for each mile actually traveled in executing the warrant; 
for advertising sale, twenty-five (25) cents; for making sale and executing deed 
of conveyance, and putting purchaser in possession, three ($3.00) dollars, 
except in Clarendon County where the fee of three ($3.00) dollars shall be 
reduced to one ($1.00) dollar where the property sold is redeemed within the 
year provided therefor; and for all sums levied as aforesaid, five (5%) per 
cent., and the sheriff is prohibited from demanding or collecting any greater 
sum therefor than is hereby allowed ; and neither the sheriff nor county treas- 
urer shall receive fees upon nulla bona returns : Provided, That the treasurer 
of Marion County shall not receive from salary, fees or other compensation any 
amount above twenty-four hundred ($2,400.00) dollars annually, and that all 
fees, costs and salary in excess of twenty-four hundred ($2,400.00) dollars 
per year shall be turned into the general fund of the county : Provided, That 
the treasurer for Williamsburg County for every such warrant issued shall 
take from such defaulter fifty (50) cents; and the sheriff of Williamsburg 
County shall take from such defaulter the following fees in the execution of 



§ 2854 1934 Supplement 



114 



his office, to wit, for serving each warrant, fifty (50) cents, besides mileage at 
the rate of five (5) cents for each mile actually traveled in executing the war- 
rant; for advertising sale twenty-five (25) cents; for making sale, executing 
deed of conveyance and putting purchaser in possession, $3.00: Provided, 
That if the defaulting taxpayer redeems the property sold within the period 
allowed by law for same, and no deed of conveyance or putting purchaser 
in possession is necessary, then the sheriff shall return to the purchaser two 
($2.00) dollars and not charge same against the party redeeming. The sheriff 
is prohibited from demanding or collecting any greater sum therefor than is 
hereby allowed, and should the sheriff, or his deputies, or any one acting as 
agent of the sheriff, collect any greater sum from any delinquent taxpayer than 
is herein provided, the bond of the sheriff shall be liable therefor, and any ag- 
grieved taxpayer by his proper action in the court of common pleas for Wil- 
liamsburg County may recover of the sheriff and against his bond a penalty 
of two hundred ($200.00) dollars. Neither the sheriff nor county treasurer 
shall receive fees upon nulla bona returns : Provided, That in Clarendon County 
all of the fees and charges provided in this section and collected by said officers 
shall be paid by them to the county treasurer for credit to the ordinary funds 
of said county monthly and in such manner as may now or hereafter be pro- 
vided by law, except the mileage provided for the sheriff in cases where such 
mileage is earned and collected by him he shall also retain as his compensa- 
tion fifty (50) cents of the fee of one ($1.00) dollar collected for serving the 
warrant : Provided, That beginning July 1, 1931 the treasurer of Dillon Count v 
for every such warrant or tax execution issued shall be allowed only fifty 
(50) cents as his fee. 

(1) Provided, further, That the sheriff of Chesterfield County shall not 
charge or collect any mileage on delinquent tax executions until such mileage 
shall have been actually traveled, and then mileage only for one trip from 
the county court house to the residence of the taxpayer, nor shall the said 
sheriff charge or collect any commission on delinquent tax executions. Pro- 
vided, further, That the treasurer of Chesterfield County shall receive fifty 
(50c) cents upon each delinquent tax execution as compensation in full for 
his services in connection with the issuance of such tax execution, and the 
collection of the delinquent taxes thereon. Neither the sheriff nor county 
treasurer of Chesterfield County shall receive any fees or compensation upon 
executions returned nulla bona. 

(2) Provided, That in Richland County only the following fees and charges 
shall be collected in addition to the penalties provided for in section 2830, for 
serving each warrant one ($1.00) dollar, besides five (5c) cents for each mile 
actually traveled in executing the warrant, for advertising sale, making sale, 
and execution of deed of conveyance two ($2.00) dollars; and for all sums 
levied aforesaid three (3%) per cent. Provided, further, That provisions of 
this proviso shall apply to all uncollected delinquent taxes now due in Rich- 
land County, except certain fees earned by the officials of Richland County 
prior to July 1, 1932, as specifically reserved to said officials by act No. 1033, 
page 2013, Acts of 1932, and all delinquent taxes becoming due after the pas- 
sage of this proviso. 1933, XXXVIII, 327 ; 1934, XXXVIII, 1284, 1598. 

Italics added by 1934/1284. Proviso (1) sheriff and treasurer of Edgefield County, 

added by 1934/1598. see 1933/78; disposition of execution fees 

Proviso (2) added to this section by collected by treasurer of Cherokee County, 

1933/327. For fees and commissions of see 1933/398; tax execution fees payable 



115 Code of Laws of South Carolina § 2857 

to sheriff and treasurer of Newberry County 1934/1474. § 4365, for mileage on tax exe- 
eliniinated see 1933/158 and § 4684-1. See cutions, Florence County. 

§ 2855. Seizure, Advertisement and Sale Under Execution for Delinquent 

Taxes — Redemption — Execution of Title. 

Disposition of funds in hands of Charles- for taxes, 1932/1527. 
ton County sheriff from sale of property 

§ 2855-1. Collection and Payment of Recording Fees on Transfers of Real 
Estate Sold for Delinquent Taxes. — Prior to the delivery to the purchaser 
of title to any real estate purchased at any sale of real property purchased at 
any sale of real property for delinquent taxes the sheriff or other official who 
shall execute and issue such title shall collect from the said purchaser, as part 
of such cost, all fees and charges of the auditor, clerk of court and recorders 
of mesne conveyances, requisite to the filing and recording of the said title 
to said property and such official shall file such title for record and shall de- 
liver to such auditor, clerk of court and recorder of mesne conveyances all 
such sums so collected : Provided, This section shall not apply to titles made 
to the sinking fund commission or forfeited land commissioners : Provided, 
further, That this section shall not apply to tax sales in Colleton and Oconee 
Counties. 1934, XXXVIII, 1218. 

This section added by 1934/1218. 

§ 2855-2. Levy and Sale of Personal Property for Taxes. — The sheriff, 
under and by virtue of the county treasurer's warrant or execution, shall seize 
and take exclusive possession of so much of the personal property of the default- 
ing taxpayer as may be necessary to raise the sums of money named therein 
and the costs, fees and commissions thereon, and after due advertisement for 
two weeks, sell the same before the court house door in the county in which the 
same personal property was assessed for taxation, on a regular sales day, and 
within the hours for legal sales, for cash, to the highest bidder and deliver the 
possession of the property so sold to the purchaser, upon the payment of the 
purchase price therefor, and after deducting his cost and the expenses on 
such sale, pay over unto the county treasurer the taxes, cost and penalties in- 
curred and collected on said warrant or execution : Provided, That any or all per- 
sonal property that may be seized for sale under the provisions hereof may be sold 
either before the court house door of the county in which said property may 
be seized, or at the place of seizure of such property, as the sheriff or such 
other officer charged with the duty of such sale, or sales, shall determine to 
be for the better interest of, both the people of the county and the person, 
or persons, from whom seized. 1933, XXXVIII, 483. 

This section added by 1933/483. 

§ 2857. Purchase by Auditor for Sinking Fund Commission — How Titles 

to be Made, Etc. — In case there be no bid equal in amount to the taxes named 

in said warrant or execution, the county auditor shall buy the land for the 

county forfeited land commission, as the actual purchaser thereof, for the 

amount of said taxes and penalties, costs and charges ; and the sheriff, or other 

officer authorized by law, shall thereupon execute titles to said commission, as 

to any other purchaser, and in the manner above provided, and shall put them or 

their authorized agent in possession of the premises to be held and sold under 

authority of section 2170. 1933, XXXVIII, 213. 

This section was amended by 1933/213. with former section 2857 is suggested. 
A comparison of this section as amended 



§ 2861 1934 Supplement 116 

§ 2861. Duties of Sheriffs as to Tax Executions — Subject to Control of 
Comptroller General. — * * * (a) That the above provisions of this sec- 
tion 2861 shall not apply to Anderson County. In Anderson County the de- 
linquent tax collector in making levies and sales, in making returns, and in 
paying over money collected under tax warrants and executions placed in his 
hands by county treasurer, shall be subject to the direction and under the 
control of the comptroller general of the state, and the comptroller general 
is hereby invested with all the rights and privileges of a plaintiff in execu- 
tion, to invoke and obtain the aid of the court to compel the delinquent tax 
collector to discharge his duties in the enforcement of tax executions; and it 
is hereby made the duty of the said delinquent tax collector to make settle- 
ment of all tax executions of said county, within six months after the date of 
issue thereof, designating such as may be nulla bona and such as may have 
been collected by distress or otherwise, and within the same time to pay over 
to the said treasurer all taxes and penalties collected by him; and the delinquent 
tax collector shall at the same time file with the county auditor a list by school 
districts of all executions having been designated as nulla bona. The county 
auditor shall thereafter submit said list of nulla bonas to the school district 
trustees of the respective districts in which nulla bonas are listed, and after 
approval by the said school district trustees the auditor shall promptly charge 
off his records such nulla bonas as the school district trustees have approved 
and he shall issue a receipt to the delinquent tax collector covering the amount 
of nulla bonas so approved by the school district trustees. Thereafter, the 
comptroller general shall allow credit in the annual settlement for such nulla 
bonas as have been credited to the delinquent tax collector by the county au- 
ditor. In case the delinquent tax collector has filed with the auditor any exe- 
cutions marked nulla bona which the school district trustees shall refuse to 
approve, as herein provided, then the same shall stand charged against the de- 
linquent tax collector and he shall be required to proceed immediately with the 
collection thereof. School district trustees are hereby required to return to the 
auditor within sixty days such list or lists of nulla bonas as have been delivered 
to them by the county auditor, designating such as have been approved and such 
as have not been approved. The school district trustees are hereby required to 
report to the grand jury the delinquent tax collector for default or neglect 
in the performance of his duties relative to the enforcement of such executions, 
and the grand jury shall present the delinquent tax collector for any default 
or neglect in the performance of his duties relative to the enforcement of such 
executions, and in case the delinquent tax collector shall make default in pay- 
ing over within the time aforesaid any money collected on said executions it 
shall be the duty of the county treasurer, and he is hereby required, immediately 
to bring suit against such defaulting delinquent tax collector in any court of 
competent jurisdiction, in which suit such delinquent tax collector shall be liable 
to treble the amount for which he has defaulted; and in case of any loss re- 
sulting by reason of the failure of the county treasurer to perform the duties, 
herein set forth, such treasurer shall be liable therefor: That said delinquent 
tax collector shall make a report and turn over all moneys collected every 
thirty days to said treasurer and not later than six months after the tax exe- 
cutions have been placed in his hands he shall make a complete return. That 
the delinquent tax collector and treasurer shall be liable on their official bonds 
for any violations of this subsection (a) Provided, further, That the words "de- 
linquent tax collector" as used in this sub-section (a) shall mean and be con- 



117 Code of Laws op South Cakolina 



§ 2878 



strued to mean any person and/or official of said county charged with the col- 
lection of delinquent taxes. 1934, XXXVIII, 1564. 
Proviso (a) added by 1934/1564. 

1922 Income Tax Act.— This section held said act. Atlantic Coast Lumber Corp v 
not applicable in determining whether cer- Derham 171 S C 441 172 S F W 
tain income taxes could be collected under ' 

§ 2866. Tax Collector for Anderson County. 

beo/Sw 19 The C <S S !T rSe ^L h 7, the laW relating t0 the collection of taxes 
llfl iSc ??£ l d J? 3 T Act and 1934/ in Anderson County. 
1444, 1588, 1564, should be consulted for 

§ 2867. Tax Collector for Calhoun County. 

The tax collector for Calhoun County treasurer 30% of fees allowed the said col- 
reqmred to pay monthly to Calhoun County lector under this section; ^934/1472 

§ 2868. Tax Collector for Cherokee County. 

See 1933/88 for duties of tax collector as section 2 was amended by the said Act to 
to nulla bonas, errors, or duplicate charges change the term of the collector o 1 year 

by a 93^36o S Vo S nvnv e S 10n , * T ^^ fr0m 4 yearS ' and Provisions added fofhis 
SI t / . P ro 7 ld / for the appoint- removal. The bond of tax collector in- 
bent and/or removal of tax collector by a creased to $5,000.00 from $2,000.00 1933/ 
majority of members of General Assembly 233. See § 4121-1 for fees of tax collector 
in lieu of county commissioners; and sub- 1934/1323. ' 

§ 2869. Enforcement of the Collection of Delinquent Taxes in Chester 
County. 

ame'nder/^hv 1 ' iQ^/ioif th « ^T ^ tors - A comparison of subsections 1, 5 and 
»Zl ! f y f i 1 4 i Subsectlon 1 S as amended With subsections 1, 5 and 8 
amended to provide for the appointment of of the 1932 code is suggested. By 1933/165 

llTnf rZJ 0lle r tm 'l h l *? G ;° Vern01 ' in the tax collector and sheriff of Chester 
E5 Sf Chester County board of directors; County were required to complete the sale 
and the bond of the said collectors was in- of real estate sold for taxes, or to resell 
greased from $2,500.00 to $5,000.00. Sub- said real estate for taxes if purchasers 
section 5 amended by the said 1932 Act to failed to comply with bids. The said 1933 
give the Governor the right to remove and Act provided further for the collection of 
appoint successors. By the said 1932 Act taxes on personal property about to be 
subsection 8 was amended so as not to moved out of Chester County, sale of per- 
provide for the bookkeeper, and the liability sonal property, and stamps and stationery 
of the sheriff was further fixed by the said. for the tax collector. 1934/1235 makes fur- 
Subsection 10 was added to this section ther provision for tax collector to levy and 
providing for the compensation of the tax sell property, and have execution of titles 
collector, and the collection of delinquent for property not redeemed, 
road taxes by the county board of direc- 

§ 2871. Tax Collectors in Darlington County. 

County treasurer holds executions until ished and duties devolved. 
November 1; then tax collector to proceed By 1934/1231 tax collector for each 

to levy and sell for taxes, 1934/120S. school district created. 

By 1934/1265 office of tax collector abol- 

§ 2871-1. Tax Collector for Dillon County. 

See 1933/252, which provides for a tax collector for Dillon County. 
§ 2872, Tax Collector, Edgefield County.— Repealed by 1933 Acts, page 78. 
(The terms of the repealing act, 1933/78, to collect delinquent taxes.) 
provided for the sheriff of Edgefield County 

§ 2874. Tax Collector, Florence County. 

See § 4365, this supplement, for mileage of tax collector. 

§ 2876. Delinquent Tax Collector for Greenville County. 

See 1934/1412 for appointment, term, etc. of tax collector. 

§ 2878. Tax Collector for McCormick County 

§ 2878, 1932 code, was superseded by consulted for the law relating to the tax 
1932/1136. The said 1932 Act should be collector of McCormick County. See 1932/ 



§ 2880 1934 Supplement 118 

1404, which provides for the assessment County. Persons seeking office of tax col- 
and collection of back taxes in McCorniick lector in primary disqualified, 1934/1358. 

§ 2880. Tax Collector for Marlboro County, and Saluda County. 

Subsection 4 was amended by 1932/1120 and requiring the said treasurer to collect 
fixing the fee on each tax execution issued and pay the said fees into the treasury of 
by the treasurer of Saluda County at 25$ ; Saluda County. 

§ 2880-1. Tax Collector for Newberry County. 

The office of tax collector for Newberry lect delinquent poll, road and dog taxes. 
County was created by 1933/195. By 1933/ 
326, the said collector was required to col- 

§ 2880-3. Tax Collector for Orangeburg County. 

The office of tax collector for Orange- of were devolved on the collector of delin- 

burg County was created by 1932/1539 ; quent taxes by the said 1933 Act. The 1932 

however the said office was abolished by Act should therefore be consulted together 

1933/561, and the duties and powers there- with the said 1933 Act. 

§ 2881-1. Tax Collector for Richland County. 

Tbe office of tax collector for Richland 1448 provided for salary of assistant col- 
County was created by 1932/1324. 1932/ lector. 

§ 2882. Tax Collector for Spartanburg County. 

See 1933/S8 for duties of tax collector charges in tax records. See 1934/1198 for 
as to nulla bonas, errors, or duplicate commissions of tax collector. 

§ 2883-1. Chief of Rural Police, Sumter County, Collect Delinquent Taxes. 

1933/160 provides for the chief of rural taxes. 
police, Sumter County, to collect delinquent 

§ 2883-4. Tax Collector for York County. 

The office of tax collector for York 1389. 
County was created by 1933/189; 1934/ , 

§ 2967. State Service Bureau Created — Commission — State Service Officer. 

Service officer for Charleston County Greenville County, 1933/582. 
1932/1146; Georgetown County, 1932/1406; 

§ 2971. Service Officer for Pickens County. — Repealed by 1933 Acts, page 9. 

§ 3041. When County Liable for Damages for Lynching — Recover from 
Guilty Parties. 

Cited in Green v. West, County Treasurer et al., 161 S. C, 161. 159 S. E., 23. 

§ 3056. Surety May Demand Relief — New Bond — Release of Prior Sureties. 

Breach Gives Surety Right to Ask for liability on sheriff's bond, should present 
Release. — Surety company, as well as to the commissioners, along with its de- 
county commissioners, had the right, on niand for such release, the grounds upon 
breach of official bond by sheriff, to ask, which it based that demand. The county 
in the proper manner, to be released from commissioners should then investigate the 
the bond. Spivey, Sheriff, v. Fidelity & charges, as said board is a court for cer- 
Deposit Co. of Md. et al., 162 S. C, 146, tain purposes, and the right to approve or 
160 S. E., 275. disapprove bonds comes within its juris- 

Commissioner's Jurisdiction. — S urety diction. Ibid. 
company in seeking its release from future 

§ 3057. Duty of Officer Regarding New Bond — Proceedings — Office De- 
clared Vacant — Vacancy Filled. 

Judicial Power of Governor. — In the this section by the Governor, it is incum- 

case of Spivey v. Governor Blackwood, 162 bent upon him to appoint some proper per- 

S. C, 146, 160 S. E., 275, the act of the son to the office. The Governor's appointee 

Governor in declaring the office of sheriff is entitled to the office. Ibid. 
vacant was held justified, since the people Governor's commission of appointee gives 

did not have the protection that the law him a prima facie title to the office, which 

intended for them to have under the would ordinarily be sufficient to warrant 

sheriff's bond. the issuance of a writ of mandamus. Ibid. 

When an office is declared vacant under 



119 Code of Laws of South Carolina § 3094 

§ 3063. Amount of Bonds for Certain Pickens County Officials Fixed. 

Constitutionality. — The following portion tkorized to do business in this State, and 

of this section as it appeared in 1932 Code shall be in the usual form and have the 

was declared unconstitutional : "Said bonds same conditions as now fixed by law for 

shall be executed by the respective officials such official bonds." Gillespie v. Blackwell, 

and some reputable Surety Company au- et al., 164 S. C, 115, 161 S. E., 869. 

§ 3079. State Electrician and Engineer — Election — Compensation — Duties 
— Firemen. — The offices of electrician and engineer of the state house shall be 
consolidated, and he shall be elected by the sinking fund commission. He 
shall receive compensation for seven months at $100 per month and for five 
months at $75 per month ; he shall attend to the boilers, engines and other 
appliances at least once every fifteen days ; he shall do all repairing of wir- 
ing, fixtures, fuses, etc., for all state buildings and property in Columbia, 
and the compensation stated shall be in full for all additional help employed 
by him and for atendance upon lighting and heating the state house dur- 
ing the sessions of the general assembly ; the firemen of the heating ap- 
paratus of the state house shall be appointed by .him and be subject to re- 
moval by him ; one fireman shall receive compensation for seven months at 
$65 per month, for five months at $50 per month ; the other, for two months 
at $40 per month. 1934, XXXVIII, 1678. 

Sinking fund commission appoints state ernor, 1934/167S. 
electrician and engineer instead of Gov- 

§ 3081-1. Fiscal Year July 1-June 30. — Agreeable to the terms of sec- 
tion 10, article X of the Constitution of South Carolina, as amended by "An 
Act to Ratify the Amendment of Section 10, article X of the Constitution, 
Relating to Change of the Fiscal Year from January first to July first and 
Providing Authority to the General Assembly to Make Same Effective,'' the 
fiscal year of the state of South Carolina shall begin on the first day of July 
and end on the thirtieth day of June each year. All officers or servants of 
the state who are required to perform any duty at a specific time contingent 
upon the beginning and ending of the fiscal year as heretofore existing are 
hereby directed and required to perform such duties at such a time as will con- 
form to the fiscal year beginning July first and ending June thirtieth. Pro- 
vided, That nothing herein contained shall be held to affect the date for the 
assessment, levying or collection of any tax now provided for by law, nor to 
affect submitting of reports to the General Assembly. All officers or servants 
of the state who have heretofore kept their accounts and records as from 
January first to December thirty-first are hereby required to keep such ac- 
counts and records in conformity with the new fiscal year, opening them on 
the first day of July and closing on the thirtieth day of June each year. 1933, 
XXXVIII, 218. 

This section added by 1933/218. 

§ 3093. Officers Appointed by Governor by and with Advice and Con- 
sent of Senate. 

See section 141, which provides for elec- burg County and re-establishing office of 
tion on abolishing county court of Orange- master for said court abolished. 

§ 3094. Officers Appointed by Governor. — * * * The Governor of this 
state is hereby authorized and empowered to name and appoint some outstand- 
ing and distinguished man of letters as poet-laureate for the state of South 
Carolina. 1934, XXXVIII, 1299. 

The above sentence added by 1934/1299. 



§ 3098 1934 Supplement 120 

§ 3098. Governor May Remove Certain Officers— Appeals. 

Governor's Act in Declaring Vacancy Governor were sufficient, under the cir- 

Executive. — Act of Governor declaring a cumstances, to justify him in declaring the 

vacancy in the office of sheriff was execu- office of sheriff vacant, 

tive in its nature and not subject at the Citations for State v. Pridmore cited 

time to review. Spivey v. Governor Black- under this section in 1932 Code as (S. C, 

wood, 161 S. C, 521, 159 S. E., 927. 1931) are, 163 S. C, 97, 161 S. B., 340. 

In the same case in 162 S. C, 146, 166 Cross Reference. — See the notes under 

S. E., 275, it was held the facts before the § 3057 this supplement. 

§ 3212-1. Fund for State Treasurer Pay Insurance and Postage on Securi- 
ties in Transit. — The state treasurer is hereby authorized to set up from any 
funds now in his office the sum of twenty-five ($25.00) dollars, which shall be 
used as a perpetual fund for the purpose of paying postage and insurance on se- 
curities in transit. All payments from this fund shall be reimbursed as the 
said postage and insurance are collected from the bank or banks to whom the 
same is sent. 1932, XXXVII, 1310. 

This section is new, 1932 Act, p. 1310. 

§ 3213. — Members — State Departments, Institutions, Etc., Furnish Esti- 
mates. — The Governor, the chairman of the senate finance committee and the 
chairman of the ways and means committee of the house of representatives 
shall constitute the state budget commission. On or before the first day of 
November, annually, each of the several state departments, bureaus, divisions, 
officers, commissions, institutions, and other agencies and undertakings re- 
ceiving or asking financial aid from the state of South Carolina, shall re- 
port to the state budget commission, on official estimate blanks furnished 
for such purpose, an estimate in itemized form showing the amount needed 
for the year beginning with the first day of July thereafter. The official es- 
timate blanks which must be used in making these reports shall be furnished 
by the said commission, shall be uniform and shall clearly designate the kind 
of information to be given thereon. 1933, XXXVIII, 218, 591, 651; 1934, 
XXXVIII, 1687. 

Power and duties of the Governor, chair- section.) 
man Senate finance committee, and the The fiscal year of the state was fixed 
chairman House ways and means commit- by 1933/218, 591, to begin July 1st and 
tee under this article were devolved by end June 30th each year. Prior to the said 
1933/651, 1034/1687, on state budget com- act the fiscal year of the state began Jan- 
mission, which was created by said 1933 uary 1st and ended December 31st. 
and 1934 act. (See first sentence in this 

§ 3214. Comptroller General Furnish Estimate of Needs of State. — On 

or before the first day of December, annually, the comptroller general shall fur- 
nish to the said commission an estimate of the financial needs of the state, item- 
ized in strict accordance with the budget classifications adopted by the said 
commission, and certified and approved by the presiding officer of each house 
for each year beginning with the first day of July thereafter; and an esti- 
mate of the financial needs of the judiciary, as provided by law, itemized in 
strict accordance with the budget classification adopted by the said commis- 
sion, for each year, beginning with the first day of July thereafter. The comp- 
troller general shall transmit to the said commission with these estimates full 
and detailed explanations of all increases or decreases. These estimates, to- 
gether with the accompanying explanations of increases and decreases, shall 
be included in the budget, without revisions, by the said commission, but with 
its recommendations thereon. 1933, XXXVIII, 651, 218, 591 ; 1934, XXXVIII, 
1687. 

See section 3213 and note thereunder. 



121 Code of Laws of South Carolina § 3218 

§ 3215. Statements to be Furnished by Comptroller General. — On or be- 
fore the first day of each November the comptroller general shall furnish to 
the said commission the following statements, classified and itemized in strict 
accordance with the budget classifications adopted by the said commission. 

(1) A statement showing the balance standing to the credit of the sev- 
eral appropriations for each department, bureau, division, officer, board, com- 
mission, institution or other agency or undertaking of the state at the end of 
the last preceding appropriation year. 

(2) A statement showing the monthly expenditures and revenues from each 
appropriation account, and the total monthly expenditures and revenues from 
all the appropriation accounts, including special and all other appropriations, 
in the twelve months of the last preceding appropriation year. 

(3) A statement showing the annual expenditures in each appropriation 
account, and the revenues from all sources, including expenditures and reve- 
nues from special and all other appropriations, for each of the last two appro- 
priation years, with a separate column showing the increase or decrease for 
each item. 

(4) An itemized and complete financial balance sheet for the state at the 
close of the last preceding fiscal year ending June 30th. 

(5) Such other statements as the said commission shall request. 1933, 
XXXVIII, 218, 591, 651 ; 1934, XXXVIII, 1687. 

See section 3213 and note thereunder. 

§ 3216. Departments, Etc., to Furnish Any Information Requested. — The 
departments, bureaus, divisions, officers, boards, commissions, institutions, or 
other agencies or undertakings of the state, upon request, shall immediately 
furnish to the said commission, in such form as it may require, any informa- 
tion desired by it in relation to their respective affairs or activities. 1933, 
XXXVIII, 651; 1934, XXXVIII, 1687. 

See section 3213 and note thereunder. 

§ 3217. Public Hearings. — The said commission shall provide for public 
hearings on any and all estimates to be included in the budget, which shall be 
held during the month of November in each year, and the chairman of the 
ways and means committee of the house of representatives and the chairman 
of the finance committee of the senate shall sit with the Governor at all pub- 
lic meetings or hearings and join with him in all reports and recommenda- 
tions thereon to the general assembly. They shall receive as compensation for 
their services seven and one-half dollars per day for the number of days ac- 
tually engaged in the performance of the duties imposed by this article and 
their actual traveling expenses, to be audited and approved by the comptroller 
general. The said commission shall require the attendance at these hearings 
of the heads or responsible representatives of all state departments, bureaus, 
divisions, officers, boards, commissions, institutions, or other agencies or un- 
dertakings receiving or asking financial aid from the state. 1933, XXXVIII, 
651 ; 1934, XXXVIII, 1687. 

See section 3213 and note thereunder. 

§ 3218. Secure Information— Make Surveys, Inspections— Issue Regula- 
tions.— On or before the first day of November in each year the said com- 
mission and its assistants must have completed a careful survey of all de- 
partments, bureaus, divisions, officers, boards, commissions, institutions and 



§ 3219 1934 Supplement 122 

other agencies and undertakings of the state, through which it shall be in 
possession of the working knowledge upon which to base his recommendations 
to the general assembly. The said state budget commission is hereby given 
full power and authority to make surveys, studies, and examinations of de- 
partments, institutions and agencies of this state, as well as its problems, 
so as to determine whether there may be an overlapping in the performance 
of the duties of the several departments and institutions and agencies of the 
state, and for the purpose of determining whether the proper organization 
and system of accounting is maintained in such departments, institutions, 
commissions and agencies and to require and direct the installation of the 
same whenever it is necessary and proper, and to survey, appraise, examine 
and inspect, and determine the true condition of all property of the state, 
and what may be necessary to protect it against fire hazard, or deterioration, 
and to conserve its use for state purposes and to make and issue and to en- 
force all necessary, needful and convenient rules and regulations for the en- 
forcement of this provision. 1933, XXXVIII, 651 ; 193-1, XXXVIII, 1687. 

See section 3213 and note thereunder. by 1933/651, 1934/16S7. 
The last sentence in this section was added 

§ 3219. Submit Budgets and Statements to the General Assembly. — Within 
five days after the beginning of each regular session of the general assembly 
the said commission shall submit to the presiding officer of each house printed 
copies of a budget, based on his own conclusions and judgment, containing a 
complete and itemized plan of all proposed expenditures for each state de- 
partment, bureau, division, officer, board, commission, institution, or other 
agency or undertaking, classified by function, character and object, and of 
estimated revenues and borrowings, for each year, beginning with the first 
day of Juty thereafter. Opposite each item of the proposed expenditures the 
budget shall show in separate parallel columns the amount appropriated for 
the last preceding appropriation year, for the current appropriation year, 
and the increase or decrease. 

The said commission shall accompany the budget with : 

(1) A statement of the revenues and expenditures for each of the two ap- 
propriation years next preceding, classified and itemized in accordance with 
the official budget classification adopted by the said commission. 

(2) A statement of the current assets, liabilities, reserves and surplus or 
deficit of the state. 

(3) A statement of the debts and funds of the state. 

(4) A statement showing the said commission's itemized estimates of the 
condition of the state treasury as of the beginning and end of each year. 

(5) An itemized and complete financial balance sheet for the state at the 
close of the last preceding fiscal year ending June 30th. 

(6) A general survey of the state's financial and natural resources, with 
a review of the general economic, industrial and commercial condition of the 
commonwealth. 1933, XXXVIII, 218, 651, 591 ; 1934, XXXVIII, 1687. 

See section 3213 and note thereunder. 

§ 3220. Meetings of Appropriation Committees. — The standing committees 
of the house of representatives and of the senate, being in charge of appro- 
priation measures, shall sit jointly in open sessions while considering the 
budget, shall begin such joint meetings within five days after the bud- 
get has been submitted to the general assembly by the said commission. This 



123 Code of Laws of South Carolina § 3235 

joint committee may cause the attendance of heads or responsible represen- 
tatives of the departments, institutions and all other agencies of the state to 
furnish such information and answer such questions as the joint committee 
shall require, and to these sessions shall be admitted, with the right to be 
heard, all persons interested in the estimates under consideration. The Gov- 
ernor, or his representatives, and the Governor-elect shall have the right to 
sit at these public hearings and be heard on all matters coming before the 
joint committee. 1933, XXXVIII, 651 ; 1934, XXXVIII, 1687. 
See section 3213 and note thereunder. 

§ 3222. May Employ Assistants — Duties of Tax Commission. — The said 
commission shall employ competent budget assistants and such special help 
as it may require to carry out the provisions of this article. The said commis- 
sion shall fix the compensation of such persons as it shall employ in this con- 
nection, and cause the same, together with their necessary traveling expenses, 
to be paid out of the civil contingent fund, and shall call upon the tax commis- 
sion for any information desired, and said tax commission shall furnish such 
information, and shall be present at all hearings before the committees hav- 
ing charge of the appropriations in the senate and house. 1933, XXXVIII, 651 ; 
1934, XXXVIII, 1687. 

See section 3213 and note thereunder. 

§ 3222-1. State Auditor — Appointment — Duties and Powers. — The duties 
and position of state auditor, heretofore performed under the direction of 
the state bank examiner, are hereby transferred to and placed under the di- 
rection of the present state budget committee, consisting of the Governor, 
chairman of the ways and means committee of the House of Representatives 
and chairman of the finance committee of the Senate, the state auditor to be 
selected by the said committee, and any necessary assistants to be selected 
by him in conformity with the appropriations therefor. The state auditor 
shall examine the books, accounts, receipts and disbursements of all state of- 
ficers charged with the receipt and expenditure of public funds, also the 
books, accounts, vouchers and records of all state, educational, charitable and 
penal institutions for the support of which the state contributes by an appro- 
priation or provisions of law. The state auditor shall make examination of 
state officers and institutions at least twice each year and of offices once a 
year, at such time as he may be advised : Provided, That the last examination 
of state officers and institutions shall be made during the month of June in 
each year, and he shall file his report on or before the 30th of June of the con- 
dition of each state institution and office, showing: (1) The amount received 
from all sources by each. (2) The amount expended. (3) The nature and kind 
of voucher therefor. (4) Note wmether the expenditures were authorized by 
law. (5) Report any irregularity. Which report may be referred by the Gov- 
ernor to the legislature. 1933, XXXVIII, 297, 218, 591. 

This section added by 1933/297. 

§ 3235. When Answers Thereto to be Filed. — The owner, operator, or 
manager of every establishment which is engaged in manufacturing shall 
answer the inquiries thereon for the twelve months, July 1st to June 30th 
preceding, and return said schedule to the commissioner on or before the 
fifth day of August following receipt of said schedule. 1934, XXXVIII, 1364. 

Time for answering and returning inquiries changed, 1934/1364. 



§ 3253-1 1934 Supplement 124 

§ 3253-1. Revolving Fund for Department of Agriculture, Commerce and 
Industries Pay Insurance Premiums.— The state treasurer is hereby author- 
ized and directed to forthwith set aside the sum of thirty thousand ($30 000 00) 
dollars out of the general account to be used by the department of agriculture 
commerce and industries for the payment of insurance premiums as they become 
due. The department of agriculture, commerce and industries is hereby charged 
with the proper disbursements of this fund and the collection of such insur- 
ance payments, and it shall return to the state treasurer any of said fund used 
in the payment of insurance premiums at such time and in such amount as in 
its discretion the circumstances warrant, and that the said fund so returned 
shall remain in the said revolving fund. 1933, XXXVIII 236. 

This section added by 1933/236. 

§ 3272. Duties.— It shall be the duty of the commissioner of agriculture 
commerce and industries to select a label, have it copyrighted and registered 
in the United States copyright office which said label shall be used to adver- 
tise the chemical and other contents of food products grown in South Carolina 
or other articles in the judgment of the said commissioner; he shall promulgate 
and register the conditions upon which said label may be used and fix the 
charges for such use; he shall also promulgate information furnished by the 
South Carolina research laboratories and other educational institutions and 
such other information as has bearing upon value of South Carolina products ; 
he shall receive and disburse the appropriations from the legislature of South 
Carolina, contributions from corporations, institutions, associations and in- 
dividuals, said expenditure to be approved by the commissioner and all vouch- 
ers to be signed by the commissioner. 1933, XXXVIII, 634. 

By 1933/634 the duties and powers of the on the commissioner of agriculture corn- 
natural resources commission were devolved inerce and industries. 

§ 3274. Analysis of Food Products of State.— The Medical College of the 
state of South Carolina hereby has exclusive charge of the analysis of all pro- 
ducts grown or produced in this state used as food for human or animals. 
It may select such chemists as it feels is best qualified to perform the duties 
required, and such other help as it deems necessary, and upon the analysis 
of all products herein provided for, it shall issue a bulletin setting forth an 
accurate analysis of all such products; such bulletin may be issued in cir- 
cular form and also placed in one or more daily papers in the state, or is- 
sued in such manner as will give wide publicity to all commodities produced 
in this state. The said institution shall have the right and privilege, and it 
is hereby invested with authority to use any state laboratory of this state, 
and the equipments therein, for the purpose of carrying into full force and 
effect this section, and shall, if, in its judgment deems it necessary, use any 
funds available from any source for food analysis, in analyzing any of the 
food products provided for in carrying into effect the provisions hereof. 1933, 
XXXVIII, 653. 

The property and duties of the food re- section comes from sections 3274, 3275 and 
search laboratory was associated with the 3276 as amended by the said 1933 act. 
State Medical college by 1933/653. This 

§ 3275. Organization — Assistants — To Issue Bulletin, Etc. 

See section 3274 and note thereunder. 

§ 3276. Powers for Making Analysis of Food Products. 

See section 3274 and note thereunder. 



125 Code of Laws of South Carolina § 3284-1 

§ 3280. State Forester. 

See 1934/1611 for forest fire control Fair- forest fire control organization law for 
field County ; see 1934/1455 for county Sumter County. 

§ 3284-1. Acquire Real Estate to Promote Reforestation and Provide for 
Unemployed. — (1) Price — Use. — The state commission of forestry in this 
state is authorized and empowered to acquire, by purchase, gift or otherwise, 
sub-marginal agricultural lands and cut-over forest lands in this state at an 
average price not to exceed five ($5.00) dollars per acre, and in no event 
above $10.00 per acre, and to use the same for timber production, demonstra- 
tion in forestry practice, erosion and flood prevention, game sanctuaries, pub- 
lic shooting grounds and as places of general recreation. 

(2) Borrow — Issue Evidences of Indebtedness — Security. — In order to 
carry out the provisions hereof as well as to carry out and make more effective 
the provisions of article XI, Code of Laws of South Carolina, 1932, as con- 
tained in sections 3277 to 3284, inclusive, the state commission of forestry is 
authorized and empowered to borrow from time to time sums of money not 
exceeding five hundred thousand ($500,000.00) dollars from any source avail- 
able and issue evidences of indebtedness therefor in the form of notes or 
bonds, as may be determined by the said commission, at a rate of interest not 
exceeding six per cent, per annum, payable either annually or semi-annually, 
as the commission may determine, and have such maturities as may be de- 
termined by the commission, not exceeding, however, twenty years from the 
date of issue of the first obligation issued hereunder. The commission is au- 
thorized and empowered to secure any sums borrowed under the terms hereof 
by mortgage of any property owned by the commission, and it is also au- 
thorized and empowered to pledge any and all income of every kind and to 
pledge any and all rents, incomes, issues and profits accruing to it from any 
of its properties and/or any rights or privileges accruing to it under any 
contract of sale, or lease. Unless otherwise provided herein, all of the details 
of any loan, the manner of execution of the evidences of indebtedness and of 
the mortgages or other security authorized to be pledged, are left to the 
commission. 

(3) Repayment of Labor Costs— Use of Income — Liability of the State. 
— The commission is hereby authorized and empowered to pledge fifty per cent, 
of the net income from lands acquired hereunder, for the repayment of la- 
bor costs incurred under federal laws pertaining to reforestation, commonly 
known as Roosevelt's reforestation plan in aid of unemployment, should such 
be made a requisite by the federal government. Following satisfaction of the 
mortgage and certificates of indebtedness issued under the terms hereof, twenty- 
five per cent, of the net income from the products of the forest lands acquired 
under the terms hereof is hereby assigned to the county in which said lands are 
situate in lieu of taxes. The state is in no manner liable for any debt in- 
curred under the terms hereof, but all such obligations shall be met by the 
state forestry commission out of monies coming into its hands from the prop- 
erty pledged, and at least fifty per cent, of its income from sales, issues, rents, 
profits and leases shall be applied annually to the payment of principal and 
interest due on any such loan. 

(4) Extent of Power and Authority of Commission. — Full power and 
authority are hereby vested in the said state commission of forestry to acquire, 
own, sell, lease, exchange, transfer or rent, pledge and mortgage real and 

9— S. C. C. 



§ 3284-2 1934 Supplement 126 

personal property and to cooperate with all agencies of the federal govern- 
ment in all matters pertaining to reforestation and providing employment 
for the benefits of the public and also to co-operate with any other department 
of government of this state to accomplish the intent and purposes of this statute, 
and any and all power deemed necessary for the said commission to conform 
to any Act of Congress or of any rule or regulation promulgated by any duly 
authorized agency of the Federal Government is hereby vested in the said 
commission. 1933, XXXVIII, 503. 
This section added by 1933/503. 

§ 3284-2. Control and Maintain State Parks. — The state commission of 
forestry is authorized and empowered to control, supervise, maintain, and 
wherever practicable, to improve all parks now belonging to the state, or 
that might hereafter be acquired by it, for general recreational and edu- 
cational purposes. Said commission is vested with the power to prescribe 
rules and regulations governing the use of all such parks, and in general to 
do any and all things necessary and incident to the furtherance of the use 
to which the same are dedicated. 1934, XXXVIII, 1542. 

This section added by 1934/1542. 

§ 3286. Appointment or Election of Game Wardens. — * * * (1) Pro- 
vided, further, That the game warden for Bamberg and Pickens Counties shall 
be nominated in the primary election, and it is made the duty of the legislative 
delegation from Bamberg and Pickens Counties, respectively, to recommend 
to the Governor for appointment the person so nominated. 1934, XXXVIII. 
1210. 

Proviso 1 added by 1934/1210. 

Appointment and/or election of game 1932/1550; Kershaw County, 1934/1244. 

wardens in Aiken County, 1933/329 ; Dillon Act providing county game and fish com- 

County. 1933/259; Laurens County, 1933/ mission violates Art. 3. § 34 (6) of the con- 

248; Chesterfield County. 1932/1550; Fair- stitution. Sloan v. Fair, et al., 172 S. C. 

field County, 1932/1318; Lexington County, 485; 174 S. E., 436. 

§ 3294-1. — Chief Game Warden May Acquire Land to Establish Fish Hatch- 
eries. — The chief game warden of the state of South Carolina is hereby au- 
thorized and empowered with full authority to acquire a sufficient number 
of acres of land in close proximity to any dam, artificial lake, impounded 
water or streams for the purpose of establishing fish hatcheries or fish nurs- 
eries. In order to carry out the purposes of this section the same power and 
authority of condemnation is hereby conferred upon the chief game warden 
of South Carolina that has been heretofore conferred on power companies 
under section 8540, and all acts amendatory thereto. This section is not in- 
tended to repeal section 3294, relating to the powers of the chief game warden, 
but is supplemental thereto. 1934, XXXVIII, 1348. 

§ 3332. Leases of Bottoms to Individuals. 

See note to § 3414. 

§ 3374. Scale of Fisheries' Tax. — The following fisheries' tax is hereby im- 
posed upon all fish or fisheries products taken or canned, shucked or shipped 
for market, to wit: On each sixty ounces of canned oysters two cents; on 
every gallon of shucked oysters five cents ; on every bushel of clams in 
the shell ten cents ; on each bushel of oysters in the shell ten cents ; on each 
terrapin (during the open season) five cents ; on soft crabs, two cents per 
dozen ; hard crabs, ten cents per bushel ; on crab meat, two cents per gallon ; 
shrimp, when cooked, one cent for each sixty ounces or fraction thereof; 



127 Code of Laws of South Carolina § 3479 

on each pound of green shrimp, one-eighth of one cent: Provided, That an 
impost tax of five (5) cents shall be put upon each white shad and two (2) cents 
upon each hickory shad offered for sale, or shipped from any point in the 
state to any point within or without the state : Provided, That the license 
tax on raw oysters shall be five cents per gallon whether sold to local con- 
sumers or otherwise, and where said oysters are sold in less than gallon lots, 
a tax stamp shall be affixed at the rate of five cents per gallon. 1933, XXXVIII, 
116. 

The impost tax on white shad reduced from $0.08 to $0.05 each, 1933/116. 

§ 3381. License for Sturgeon Nets — License to Ship Sturgeon and Caviar. — 
Licenses for sturgeon nets shall be nine ($9.00) dollars each. Resident li- 
censes for shipping sturgeon and caviar, sixty ($60.00) dollars. Bach non- 
resident license for buying or shipping sturgeon and caviar, five hundred 
($500.00) dollars. No net with mesh less than 10 inches shall be used for 
catching sturgeon. 1934, XXXVIII, 1308. 

License for sturgeon nets reduced to $9 ping sturgeon and caviar reduced from 
from $15, and residents' licenses for ship- $100 to $60, 1934/1308. 

§ 3386. Nets for Catching Shad.—* * * Provided, further, It shall 
be unlawful to sell or offer for sale any net suitable or intended for shad 
fishing of a mesh less than six inches. 

Any person, firm or corporation violating the provisions of this section shall 
be guilty of a misdemeanor and be punished by a fine not exceeding one hun- 
dred dollars, and/or be imprisoned for not exceeding thirty days. 1933. 
XXXVIII, 27. 

The above proviso added by 1033/27. The act for the penalty in the 1932 code. The 
above penalty substituted by the said 1933 section otherwise remains unchanged. 

§ 3414. Control of State Owned Oyster and Clam Beds. 

Power of State Board of Fisheries. — tion of its jurisdiction based on title to 
The intention of the General Assembly the bottoms affected is a legal one to be 
was to confer upon the board of fisheries determined by the courts and not by the 
the limited power of hearing and deter- board. Jones et al. v. State Board of Fish- 
mining objections arising hereunder with eries et al.. 161 S. C, 309, 159 S. E., 651. 
reference to their enforcement. The ques- 

§ 3414-1. Planting of Japanese Seed Oysters. — It shall be unlawful for 
any person, firm or corporation to plant Japanese seed oysters within the 
state of South Carolina without first procuring permission from the state 
board of fisheries of South Carolina to plant the same. Any person, firm 
or corporation violating the provisions hereof shall upon conviction be fined 
not less than six hundred ($600.00) dollars or imprisonment for not less 
than six (6) months, in the discretion of the court, 1933, XXXVIII, 347. 

This section added by 1933/347. 

§ 3473. When Election of Sheriff Held.—* * * Provided, That in Beau- 
fort County the sheriff shall be elected in the general election in 1934, and in 
the general election every four years thereafter. 1933, XXXVIII, 97. 

The above proviso added by 1933/97. 

§ 3479. Amount of! Sheriff's Bond and Number of Sureties.— * * * 

Provided, That in the county of York the bond of the sheriff shall be two 
thousand five hundred dollars. 1933, XXXVIII, 256. 

The above proviso added by 1933/256. For bond of treasurer of Bamberg County 

By 1932/1118 the bond of Saluda County § 39S9-1 ; Cherokee County § 4121-1 ; New- 
sheriff was reduced from $10,000 to $2,000. berry County § 4666 ; Oconee County § 4689. 



§ 3489 1934 Supplement 128 

§ 3489. Special Deputies — How and When Appointed — Sheriff Responsi- 
ble For. 

Deputy sheriffs for Orangeburg County, 1933 act). See 1932/1206, which provides 
1933/559 (§ 3810, 1932 code, should be con- for the appointment, duties and powers, etc., 
suited for duties devolved by § 1 of said of four deputy sheriffs for Richland County. 

§ 3490. Deputy Sheriffs For Newberry County. 

The number of deputy sheriffs to be ap- from 3 to 2, 1933/457. 
pointed under this section was reduced 

§ 3497. Deputy Sheriffs of Beaufort County. 

Subdivision 2 of this section was amended a term of one year ; under said amendment 
by 1932/1487. Prior to the said 1932 the jailor is to serve at the pleasure of the 
amendment the jailor was appointed for sheriff. 

§ 3499. Industrial Corporations May Procure Appointment of Peace Of- 
ficers — Term — Duties, Etc. — Upon a written statement of the president or 
treasurer or other executive officer having the management of any industrial 
corporation located in any countj r of this state, setting forth that in his opinion 
the interests of the industrial community and locality under their manage- 
ment require special police supervision, and in the said community fifty or 
more inhabitants are comprised, and directed to the sheriff of the said county, it 
shall thereupon be the duty of the said sheriff to appoint a discreet and suit- 
able person as his deputy and one satisfactory to the president and treas- 
urer or other executive officer of said corporation requesting the appoint- 
ment, whose term of office shall expire with the term of the sheriff, unless 
sooner by him removed ; and who shall reside within the community and 
upon the property for whose protection he is appointed, and whose salary 
shall be paid by the corporation at the instance of whose president or treas- 
urer or other executive officer managing the said corporation the appoint- 
ment is made, the amount to be fixed by contract with said corporation, act- 
ing through its president or treasurer or other executive officer; and whose 
jurisdiction as its officer shall extend over the property controlled by the 
said president or treasurer or other executive officer having the management 
of said corporation, and in addition over all territory within a radius of one mile 
from the main building in which the industry of the corporation is operated. 
Before entering upon the duties of his office, the said deputy shall take the 
oath prescribed by the Constitution and statutes of this state. In communi- 
ties or localities of one hundred or more inhabitants two or more such depu- 
ties shall be appointed by the sheriff of the county in which said community 
or locality is situated, if the president, treasurer, or other executive officer 
of the industrial corporation located therein shall so request in writing, the 
number of such deputies to be maintained in any such communities to be 
determined by the industrial corporation; and in case of an industrial cor- 
poration owning, operating or controlling plants, branches or factories in 
separate communities or localities, each community or locality may be provided 
under the terms of this section with one or more such deputy sheriffs or con- 
stables upon the written request of the proper officer of such corporation. 
Any deputy appointed under this section shall be removed from office by 
the sheriff and his commission shall stand cancelled, if the president, treas- 
urer or other executive officer of the corporation which requested his appoint- 
ment shall file with the sheriff a written request that he be removed. Provided, 
however, That said sheriff at any time in the exercise of his discretion may 



129 Code of Laws of South Carolina § 3634 

revoke the commission of said special officer for any cause whatsoever. 1933, 

XXXVIII, 47. 

This section amended by 1933/47, as to fleers hereunder, 
the appointment and removal of peace of- 

§ 3518. Appoint Bailiffs. — The sheriffs of the respective counties in this 
state shall be empowered to appoint as many bailiffs as they see fit, not to 
exceed five in number, whose duties shall be as is now provided by law. The 
said bailiffs may be removed, increased or decreased by the circuit judge 
within his discretion: (1) Provided, In Abbeville County only two may 
be appointed by the sheriff of said county. 

(2) Provided, That in Georgetown County the sheriff shall appoint 
not exceeding four (4) bailiffs whose compensation shall be the same as grand 
and petit jurors in said county. 

(3) ' Provided, That in Chester County the following number of attaches 
or bailiffs for each term of the court may be appointed by the sheriff: One 
child for drawing jury; one for court crier, and two additional bailiffs, if so 
many be necessary : Provided, That pay for as many as two additional bailiffs 
may be allowed for the criminal terms of court, if appointment of such ad- 
ditional number is requested by the solicitor. 

(4) Provided, further, That not more than two bailiffs, one court crier, 
and one person to draw the names of petit jurors shall be appointed in Ches- 
terfield County. Provided, further, That the presiding judge of the court of 
common pleas or general sessions of Chesterfield County may authorize and 
direct the appointment of such number of special and temporary bailiffs as 
he may deem necessary. And, provided, further, That the said bailiffs and 
court crier in Chesterfield County shall receive as full compensation for their 
services the sum of one and 50/100 ($1.50) dollars per day and the person 
to draw the names of petit jurors shall receive the sum of One ($1.00) dollar 
per day. Provided, further, That the said court criers and bailiffs in Chester- 
field County shall be paid the same mileage allowed to circuit court jurors in 
said county. 1932, XXXVII, 1170; 1933, XXXVIII, 405, 205, 53; 1934, 
XXXVIII, 1270. 

"That not more than 6 shall be appointed 1932/1313 ; Darlington County, 1932/1269 ; 

in Union County" omitted from proviso (1) Dorchester County, 1933/8; Greenwood 

by 1932/1143. Lexington County omitted County, 1932/1313; Kershaw County, 1932/ 

from proviso (1) by 1932/1170. Proviso 1403; Lexington County, 1932/1170; Marl- 

(2) added by 1933/53. Proviso (3) added boro County, 1932/1269 ; McCormick County, 

by 1933/205. Proviso (4) added bv 1933/ 1932/1403; Union County, 1932/1143, 1144; 

405; 1934/1270. Saluda County, 1932/1259. 

For number and pay of bailiffs and other See § 632 this supplement, for compensa- 

court attendants in Clarendon County, tion of jurors in the several counties. 

§ 3556.— Official Bond. 

For bond of coroner of Bamberg County § 3989-1. 

§ 3579.— Official Bond. 

For bond of clerk of court of Bamberg Cited in Bank v. Hudgens, 171 S. C. 18; 

County § 3989-1 ; Cherokee County § 4121-1 ; 171 S. E. 449. 
Newberry County § 4666. 

§ 3634. Auditor's Endorsement Required as to Record in His Office Be- 
fore Recordation. 

Purpose. — Purpose of this section is to auditor's office. Pan American Life Ins. 

prevent real estate from escaping taxation; Co. v. Mayfleld, 49 F. (2d), 900. 

therefore it is the duty of the register not Failure to Record Deed in Auditor's 

to record a deed until he has the auditor's Office would not invalidate its record in 

certificate that it has been recorded in register's office. Ibid. 



§ 3637-1 1934 Supplement 130 

§ 3637-1. Fees for Recording Conveyances or Mortgages of Personalty to 
Federal Agencies and for Search and Certificate. — (1) The fee that may 
be charged for the recording of any mortgage or other instrument conveying 
an interest in, or creating a lien on, personal property and made to any cor- 
poration organized under the act of Congress known as the Farm Credit Act 
of 1933, a regional agricultural credit corporation, a federal intermediate credit 
bank or any other corporation which rediscounts notes or other obligations 
with or procures loans from a federal intermediate credit bank, the recon- 
struction finance corporation or the government of the United States or any 
department, agencj^, instrumentality or officer thereof, shall be seventy-five 
(75c) cents. Provided, That a copy or duplicate of such instrument be fur- 
nished to the recording officer. The provisions of subsection 1 shall not be con- 
strued to amend, alter or in any wise affect the provisions of sections 3635, 
3636 and 3637. 

(2) Clerks of court, registers of mesne conveyances and recording officials 
in the counties of this state shall charge a fee of not more than seventy-five 
cents for recording and indexing crop mortgages made to the secretary of 
agriculture for and on behalf of the United States of America. 

(3) Clerks of court, registers of mesne conveyances and recording officials 
in the counties of this state shall upon request of the secretary of agriculture 
or any representative thereof search the public records in their respective 
office for liens recorded against crops and furnish a written certificate of 
their findings and shall charge a fee therefor of not more than twenty-five cents 
for each search and certificate. 1933, XXXVIII, 237 ; 1934, XXXVIII, 1492. 

Subsections 2 and 3 added by 1933/237. Subsection 1 added by 1934/1492. 

§ 3641. Vacancies — How Filled. — Vacancies for unexpired terms, now ex- 
isting or hereafter occurring, in the office of the judge of probate, may be 
filled by the Governor with the advice and consent of the senate, even though 
the unexpired term exceeds one year; and such appointments shall be for 
the unexpired term only. 1933, XXXVIII, 274 

Section 3641, 1932 code, repealed by 1933/ Liability. — Sec generally Fleming v. Mc- 

274. Tbe above section conies from tbe re- Lure. 171 S. C. 147 ; 71 S. E. 804. 
pealing act. 

§ 3657. Discharges Duties of Master in Anderson County — Special Referee 
in Anderson County. — In the county of Anderson all the duties appertaining 
to the office of master are devolved upon, and shall be discharged by, the 
probate judge, who shall receive the same fees as allowed masters in other 
counties for the discharge of such duties. The circuit judge when presiding 
in Anderson, before whom any cause may come in which a reference is neces- 
sary, shall appoint the probate judge special referee, with the powers and 
duties appertaining to special referees in counties where there is no master. 
1932, XXXVII, 1171. 

In second paragraph, line 1, "and Orange- See § 3685-1. 
burg" was omitted by 1932 Acts, p. 1171. 

§ 3678. Office of Referee Abolished and Master Established in Certain 
Counties. — The office of referee, and the practice of referring cases to referees, 
as provided in the Code of Procedure, shall not exist or be used in the coun- 
ties of Abbeville, Aiken, Barnwell, Berkeley, Charleston, Chesterfield, Darling- 
ton, Dillon, Dorchester, Edgefield, Florence, Greenville, Greenwood, McCor- 
mick, Oconee, Richland, Saluda, Spartanburg, Sumter and Kershaw. 



131 Code of Laws of South Carolina § 3685-1 

In these counties the office of master is established. 

In the county of Charleston there shall be two masters, and in each of the 
other counties one master. The master shall hold his office under the appoint- 
ment of the Governor, by and with the advice and consent of the Senate. He 
shall hold his office for four years, and until his successor shall be appointed 
and shall qualify : Provided, further, That should a vacancy occur in the office 
of probate judge in Orangeburg* County the county judge shall perform the 
duties of such office until the vacancy can be filled at the next ensuing gen- 
eral election. In the county of Berkeley the master shall attend at the court 
house at least twice in each week for the transaction of business. 1932, XXXVII, 
1171 ; 1933, XXXVIII, 125. 

Orangeburg was stricken from paragraph Office of master for Dorchester County 

one, and in second proviso in paragraph abolished and duties devolved on judge of 

three "master" was changed to "county probate; 1933/125. See § 3680-1, hereof, 

judge" by 1932 Acts, p. 1171. See § 3685-1 See 1934/1201 for term of master, Dillon 

where duties of master of Orangeburg County. 
County were devolved on county judge. 

§ 3680-1. Office of Master, Dorchester County, Abolished — Duties Devolved 
on Probate Judge. — The office of master of Dorchester County is hereby 
abolished. The powers and duties now exercised by the master of Dorchester 
County are devolved upon the judge of probate of said county, as acting 
master. The judge of probate as acting master shall be entitled to collect 
the fees and commissions now allowed by law to the master of said county, 
and in addition thereto shall be paid the sum of ten ($10.00) dollars per 
month for the performance of the duties of the office of master. 1933, 
XXXVIII, 125. 

This section added by 1933/125. 

§ 3685-1. Duties of Master of Orangeburg County Devolved on County 
Judge. — (1) Office of Master Abolished — Duties Devolved. — The office of 
master in and for the county of Orangeburg is hereby abolished; and in said 
county of Orangeburg all the duties pertaining to the office of master are hereby 
devolved upon and shall be discharged by the judge of the county court for 
said county. 

(2) Matters Requiring Special Referee to be Referred to County Judge. 
— It shall be the duty of any circuit judge before whom any cause or action 
may come, in which a reference is necessary, to make such reference to the 
county judge, as special referee, who shall have all the powers, duties and au- 
thority pertaining to or devolved by law upon the master in counties where 
there is such officer. 

(3) Collect Cost and Commissions — Sell Lands — Execute Deeds — May 
Resell. — Said county judge, as special referee, shall charge and collect such 
costs, fees and commissions as have heretofore been allowed the master in said 
county of Orangeburg, in all such causes or actions as shall be referred to the 
county judge, as special referee, and in such causes or actions within the orig- 
inal jurisdiction of the county court wherein reference would be made to the 
master prior to the passage of this section ; and all sales of real estate under or- 
der of the circuit court shall be made by the county judge, as special referee, 
and all sales by order of the county court shall be made by the county judge, as 
special referee, as well as under order of the county court, who shall have the 
power and authority to execute and deliver a deed or deeds of conveyance to 
such real estate so sold upon compliance with the terms of the sale thereof, in- 



§ 3685-2 1934 Supplement 132 

eluding payment of all costs, and in case of unnecessary delay in such com- 
pliance the said real estate shall be resold promptly. 

(4) Stenographer — Compensation — Copy of Testimony to Counsel. — The 
county judge shall have authority to appoint or employ a stenographer in con- 
nection with the discharge of his duties, as special referee, who shall be paid 
such salary as shall be authorized by law, and in addition shall be allowed as 
a part of the costs in any suit the sum of three ($3.00) dollars for taking the 
testimony, and a copy of said testimony shall be furnished to counsel for either 
side without additional charge. 

(5) Pay Collected Cost and Commissions Monthly in General Fund — 
Stenographer's Cost Excepted. — The county judge shall pay over to the county 
treasurer the costs, fees and commissions collected by him, as herein au- 
thorized and directed, at the end of each month for the general fund of the 
county, except that he shall pay over to the stenographer direct the costs allowed 
to be taxed for such services. 

(6) Bond. — The said judge of the said county court shall give bond for the 
faithful discharge of the duties devolved upon him under the provisions of 
this section in the sum of five thousand ($5,000.00) dollars. 1932, XXXVII, 1171. 

This section is new with 1032 Acts, p. 1171. 

§ 3685-2. Office of Master of Pickens County Devolved on Tax Collector. — 

The duties and powers incident to and performed ordinarily in this state by 
a master are hereby devolved upon the tax collector of Pickens County. He 
shall have the power to hold references, subpoena witnesses, make reports 
and orders in causes before him, advertise and make sales of real estate, ex- 
ecute and deliver conveyances of real estate and to do any and all things in- 
cident to and generally performed by masters in this state. It is the duty of 
the tax collector to collect all fees and charges now allowed by law to the 
officers who now perform the duties of this office in Pickens County, and pay 
the same over to the county treasurer. Such payments shall be accompanied 
with an itemized statement of the source and amount collected and shall be 
made not later than the 10th of each month for the month just preceding. 
He shall give bond in the sum of five thousand ($5,000.00) dollars for the 
faithful performance of his duties as master, and this is in addition to the 
amount of the bond required as tax collector, and the premium on this bond 
shall be paid by the county as the bonds of other county officials arc paid. 
1933, XXXVIII, 17. 

This section added by 1933/17. homestead. Morris v. Smoak, 171 S. C. 108 ; 

Homestead. — The county judge, not the 171 S. E. 607. 
clerk of court, has jurisdiction to set aside 

§ 3690. Not to Practice Law in Civil Cases. 

See 1932/1240, which provides when judge attorney, may practice law. 
of probate of Allendale County, when an 

§ 3749. Magistrates, Aiken County. — * * * (2) Jurisdiction. — All 
cases, civil and criminal, triable or originating before magistrates in Aiken 
County shall be heard by the magistrate in whose judicial district same orig- 
inates. Provided, however, That the provisions hereof shall in no wise affect 
the right of anyone to have any case transferred from one magistrate to an- 
other as now provided by law. Provided, That the provisions hereof shall not 
apply to actions in tort, nor to criminal investigations of crime beyond the 
jurisdiction of said magistrates when the punishment thereof shall be life im- 



133 Code of Laws op South Carolina § 3760 

prisonment or death, nor to actions for goods, wares and merchandise or 
money had and received, or on liquidated demands or for wages and/or pen- 
alties ; nor shall the provisions hereof apply to cases pending at the time of 
its approval ; And Provided, further, That in case any case shall arise where 
the question of jurisdiction is doubtful as to the territorial line of said district, 
that fact shall be determined in said cause the same as any other question 
or fact. 1934, XXXVIII, 1483. 

Subsection 2 added 1934/1483. 

§ 3751. Magistrates in Anderson County. 

See 1933/359 which provides for the serv- in the city of Anderson, and providing when 
ing of processes issued by the magistrates Anderson County shall be liable for same. 

§ 3752. Magistrate's Constable for City of Anderson. — Repealed by 1933 
Acts, page 360. 

§ 3759. Magistrates and Constables in Cherokee County. — There shall be 
in Cherokee County three (3) magistrates, two (2) of whom shall reside in 
the city of Gaffney and one at Blacksburg; all of whom shall have jurisdic- 
tion of any and all cases arising within the county which are triable in a mag- 
istrate's court. The salaries of said magistrates shall be in such amounts as 
may be from year to year set out in the supply bill of said county. 

At the next general election, the magistrates to be appointed for the city 
of Gaffney shall be elected by the people of Cherokee County, except in Chero- 
kee township, who shall vote on the magistrate at Blacksburg, and the county 
executive committee shall provide for candidates for magistrates at the city 
of Gaffney to be placed in the primary as all other county officers are voted for. 

The three magistrates of Cherokee County shall furnish an official bond, con- 
ditioned for the faithful performance of the duties of office, in the sum of 
two thousand ($2,000.00) dollars, in some surety company licensed to do bus- 
iness in this state. The said bond shall be approved as other official bonds are 
now approved, and the premiums on said bond shall be paid by the county 
treasurer out of the general fund of Cherokee County. 1933, XXXVIII, 244. 

By 1933/244 the jurisdiction of magis- supply bill ; and the provision for the ap- 

trates was extended throughout the county ; pointment of constable by the magistrate at 

bond of magistrate reduced from $10,000 to Blacksburg eliminated. 
$2,000; salaries to be as provided in annual 

§ 3760. Magistrates and Constables, Chester County. — (1) Pay of Magis- 
trates. — The magistrates of Chester County, South Carolina, shall receive the 
following salaries, said salaries to be paid monthly: First district (Chester 
Township), $1,200.00; second district (Lewisville Township), $230.00; third 
district (Lansford Township), $230.00; fourth district (Rossville Township), 
$230.00; fifth district (Baton Rouge Township), $210.00; sixth district (Halseli- 
ville Township), $60.00; seventh district (Hazelwood Township), $50.00; eighth 
district (Blackstocks Township), $230.00; ninth district Great Falls, $800.00. 

(2) Pay of Constables. — The magistrates' constables for Chester County, 
South Carolina, shall receive the following salaries, said salaries to be paid 
monthly : First district, $600.00 ; second district, $120.00 ; third district, $120.00 ; 
fourth district, $300.00; fifth district, $120.00; sixth district, $40.00; seventh 
district, $25.00 ; eighth district, $90.00 ; ninth district, $650.00. 

(3) Duties. — Magistrates and constables shall co-operate with the county 
board of directors in collecting the road tax, and shall also co-operate at all 
times in the enforcement of law and especially the game laws. 1933, XXXVIII, 
584. 



§ 3760-1 1934 Supplement 134 

This section replaces § 3760. Pay of sev- hie increased. 1933/584. 
eral magistrates reduced pay of one consta- 

§ 3760-1. Magistrates and Constables, Chesterfield County. — (1) Consta- 
bles — Appointment — Powers. — There shall be appointed by the Governor up- 
on the recommendation of the senator and/or a majority of the legislative dele- 
gation from Chesterfield County, ten (10) magistrates' constables for said county 
who shall have the same powers and perform the same duties as are now con- 
ferred upon county peace officers, viz. : One each for Cheraw, Pee Dee, Steer 
Pen, Cole Hill, Alligator, Jefferson, Pageland and Mt. Croghan townships and 
one for Brock's Mill, magisterial district, composed of portions of Cheraw 
and Court House townships. The said constables shall have power to serve all 
civil processes including attachment warrants and seizures in claim and delivery 
of personal property within the jurisdiction of said magistrates and shall have 
power to serve civil processes in the court of common pleas in cases or actions 
in which no seizures or attachments are involved and shall be allowed the fees 
provided by law for service of such papers or process. Said constables shall 
co-operate with the sheriff of Chesterfield County and shall aid him actively 
in the enforcement of the law and the sheriff and the said constables shall 
answer the calls of each respectively in the enforcement of the law. Constables 
may serve attachments or warrants of seizure in civil action in the court of 
common pleas when specifically deputized by the sheriff of Chesterfield County. 

(2) Term — Removal — Vacancy. — The magistrates' constables appointed 
under the terms of this section shall hold office for a period of two (2) years, and 
until their successors are appointed and qualified, and they shall be subject to 
removal by the Governor upon good cause shown, and in case of a vacancy, for 
any cause, such unexpired term shall be filled as hereinbefore provided. 

(3) Term Co-Terminal With Magistrates — Incumbents. — The term of of- 
fice of said magistrates' constables shall be co-terminal with the magistrates of 
Chesterfield County : Provided, however, That the constables appointed here- 
under for 1932, shall hold from June 1, 1932, until February 1, 1933. 

(4) Oath — Bond. — That said magistrates' constables before entering upon 
their duties shall take the usual oath prescribed for peace officers and give bond 
in the sum of two hundred ($200.00) dollars with no less than two sureties, 
said bond to be approved as to form and sufficiency by the county attorney, 
and said oath and bond shall be filed in clerk 's office in Chesterfield County : 
Provided, The said constable may give a surety bond in some surety company 
the premium to be paid by the county of Chesterfield. 

(5) Magistrates — Jurisdiction. — Magistrates for Chesterfield County shall 
have civil jurisdiction only within the territorial limits of the township for which 
they are appointed, respectively, and in an adjoining township except the 
magistrate for Brock's Mill shall have civil jurisdiction in both the townships 
of Court House and Cheraw. And said magistrates shall have criminal juris- 
diction not only in the townships for which they are respectively appointed but 
over the entire county. 1932, XXXVII, 1354. 

This section is new, 1932/1354. 

§ 3760-2. Magistrates in Clarendon County. — (1) Number.— The terms of 
office of all the present magistrates in and for Clarendon County shall expire 
on the 31st day of December, 1932, and thereafter there shall be but three (3) 
magistrates in said county, to wit : One at the town of Manning, another at the 



135 Code of Laws op South Carolina § 3765 

town of Summerton and the third in the area of said county east of the north 
prong of Black River, commonly known as Salem. 

(2) Jurisdiction — Salaries — Qualifications. — Each of said magistrates 
shall have jurisdiction over the entire county for the trial and disposition of cases 
and shall receive the annual salaries hereafter provided by the general as- 
sembly. Each of said magistrates shall be a resident of the territory to be served 
by him and within which the primary clubs are situate whose voters nominate 
him, as hereinafter provided. 

(3) Appointments. — The three magistrates herein provided for said county 
shall be appointed for terms of two years commencing January 1, 1933, by the 
Governor, with the advice and consent of the senate, as now provided by law, 
but nominations for such appointments, which shall be recommendations only, 
may be made in any party primaries held in the county and pursuant to the rules 
and regulations of the county executive committee of such party, not incon- 
sistent with the terms hereof ; and the magistrate at Manning shall be voted for 
at the following voting clubs in the primary, or such other clubs as may here- 
after be formed with their respective territories : Clarendon, Manning, Farmers 
Platform, Woodrow Wilson, Foreston, Wilson Mill, Bloomville, Doctor Swamp, 
Jordan, Alcolu, Fork, Enterprise and Harmony ; the magistrate at Summer- 
ton : Panola, Summerton, Davis Station, Paxville, Calvary and Silver ; and the 
magistrate in Salem : Gable, Sardinia, Turbeville, New Zion, Oakdale, Seloc, 
Sandy Grove and Barrows Mill. 1932, XXXVII, 1373. 

This section is new, 1932/1373. 

§ 3762. Magistrates, Dorchester County. — (1) Number. — There shall be 
five magistrates in Dorchester County, to wit : One at Reevesville ; one at St. 
George; one at Harleyville; one at Ridgeville; and one at Summerville, all of 
whom shall be appointed and hold office for the term as now provided by law. 

(2) Jurisdiction — Salaries. — The said magistrates, provided for as afore- 
said, shall have and exercise jurisdiction over the entire county of Dorchester 
in the trial and disposition of cases brought before them, and shall receive for 
their services annual salaries hereafter fixed by the general assembly. 

(3) Constables — Salaries. — The said magistrates shall each appoint a con- 
stable, each of whom shall receive for his services the same salary provided for 
the magistrate making the appointment. 

(4) Bonds. — The said magistrates, before assuming their respective offices, 
shall give bond for the faithful performance of their duties, the magistrates at 
St. George and Summerville each, in the sum of one thousand ($1,000.00) dol- 
lars, and the magistrates at Reevesville, Ridgeville and Harleyville each in the 
sum of five hundred ($500.00) dollars, sufficiency thereof to be approved by 
the county board of commissioners for Dorchester County. 1934, XXXVIII, 
1239. 

This section, 1934/1239, superseded former section 3762. 

§ 3765. Magistrates and Constables in Florence County. — There shall be 
the following magistrates in Florence County, located as follows: One in the 
city of Florence, one at Timmonsville, one at Olanta, one at Lake City, one at 
Johnsonville, one in the vicinity of Kingsburg, one at Pamplico, one at Ever- 
green, one at Cowards. Each magistrate shall appoint a constable and the 
salary of each magistrate and each constable shall be fixed by the county supply 
bill. Provided, That the governing board of Florence County shall furnish to 
all magistrates in the count}*- all legal blank forms used in criminal cases that 



§ 3769-1 1934 Supplement 136 

are necessary in their official duties. Each magistrate shall keep in a book 
provided for that purpose all receipts to him from the county treasurer for 
all fines and costs collected in his court, which shall be itemized and such re- 
ceipts shall be delivered with the docket of each magistrate to the governing 
board at least once in every three months. 1933, XXXVIII, 516. 

By 1933/516 magistrates were provided annual supply bill ; and certain duties de- 
for Kingsburg, and Cowards ; pay of magis- volved on the governing board, 
trates and constables to be determined by 

§ 3769-1. Magistrates in Hampton County. — (1) Number — Compensation. 
— Beginning January 1st, 1933, there shall be only four (4) magistrates ap- 
pointed in Hampton County ; one to be appointed from Goethe township ; one 
to be appointed from Lawton township ; one to be appointed from Peoples 
township, and one to be appointed from Pocataligo township. Each magistrate 
shall have only one constable and said magistrates and constables shall receive 
only such salary as now provided for by law. 1932, XXXVII, 1227. 
(2) Jurisdiction. — All cases, civil and criminal, triable or originating before 
magistrates in Hampton County, shall be heard by the magistrates in whose 
judicial district same originates. Provided, however, That the provisions of 
this subsection shall in no wise affect the right of any one to have any case trans- 
ferred from one magistrate to another as now provided by law. 1932, XXXVII, 
1227; 1934, XXXVIII, 1388. 

Subsection 1 added by 1932/1227. Subsection 2 added by 1934/1389. 

§ 3770. Magistrates and Constables in Horry County. — (1) Number. — Af- 
ter the expiration of the terms of office of the present magistrates of Horry 
County there shall be seven (7) magistrates appointed for said county, one to 
be appointed from each of the districts hereinafter provided. 

(2) Districts — Offices. — Conway and Bucks townships shall be known and 
designated as district No. 1, Dog Bluff and Gallivants Ferry townships shall 
be known and designated as district No. 2; Floyds township shall be known 
and designated as district No. 3 ; Bayboro and Green Sea townships shall be 
known and designated as district No. 4; Simpson Creek township shall be known 
and designated as district No. 5 ; Dogwood Neck and Socastee townships shall 
be known and designated as district No. 6 : Provided, That the magistrate ap- 
pointed for district No. 1 shall maintain an office in the town of Conway: Pro- 
vided, further, That the office of the magistrate appointed for district No. 2 
shall be at Aynor ; the office of the magistrate appointed for district No. 5 shall 
be at Loris ; the office of the magistrate appointed for district No. 6 shall be 
at Myrtle Beach ; Little River township shall be known and designated as dis- 
trict No. 7. Provided, That the salary of the magistrate for district No. 7 shall 
be in such amounts as shall be fixed by the legislative delegation annually in the 
county supply bill. 

(3) Salaries. — The magistrates for Horry County shall receive the fol- 
lowing annual salarj- to be paid monthly : Magistrate for district No. 1, eight 
hundred ($800.00) dollars, and the magistrate of each of the other districts shall 
be paid the annual salary of three hundred ($300.00) dollars each. 

(4) Constables — Duties. — Each of the magistrates shall have one duly ap- 
pointed constable who will be paid the same salary as the magistrate appoint- 
ing said constable. The constable so appointed and qualified shall, in addition 
to his other duties of making arrests and serving processes under the magistrate 
so appointing him, be a police officer in the territory in which he is so appointed, 



137 Code of Laws of South Cakolina § 3773-1 

and shall work in cooperation and conjunction with the sheriff over the county 
generally. 

(5) Jurisdiction — Disposition of Fines — Nomination. — The said magis- 
trates of Horry County so appointed and qualified shall have concurrent juris- 
diction throughout the county in all criminal and civil matters arising therein; 
no criminal case shall be compromised until the cost accruing therein shall 
have been paid; all costs, fines and penalties shall be paid over to the county 
treasurer of Horry County for ordinary county purposes : Provided, That 
the county Democratic executive committee of the county of Horry shall provide 
for the nomination of said magistrates in each of the magisterial districts in the 
primary election of 1932, and said committee shall define and designate the 
voting precincts to vote for the magistrates of the several districts in said pri- 
mary election. 1932, XXXVII, 1376 ; 1934, XXXVIII, 1440. 

This section is new, 1932/1376, 1934/1440. Section 3770, 1932 Code, was superseded. 

§ 3772. Magistrates and Constables, Kershaw County. — (3) Appointment 
of Magistrates' Constables. — Each magistrate in Kershaw County is hereby 
authorized and directed to appoint as constable some discreet person residing 
within his magisterial district, whose term of office and territorial jurisdiction 
shall be the same as that of the magistrate appointing him, who shall receive 
such salary as the general assembly may provide in the county supply bill from 
year to year, in addition to fees and costs now allowed by law. 

(4) Oath — Bond — Removal. — -Before any constable appointed by a magis- 
trate in Kershaw County shall enter upon the duties of his office he shall file 
with the clerk of court of Kershaw County the constitutional oath of office and 
a bond in the sum of five hundred ($500.00) dollars, to be approved by the clerk 
of court, conditioned for the faithful performance of his duties as such consta- 
ble : Provided, That the magistrate appointing any such constable shall have 
the right to discharge any constable appointed by him for cause. 1932, XXXVII, 
1409. 

Subsections 3 and 4 are new, 1932/1409. general primary election laws in this re- 

This section with the above added sub- spect ; if the county committee orders a 

sections remains the same as it was in 1932 primary election for a magistrate for the 

Code. Section 3S05 (8) should be read with eastern district of Buffalo township, the 

Subs. 3 and 4 ; as there is no provision for primary is to be held at the four primary 

the rural policemen not to continue to dis- voting precincts named in the act, to wit, 

charge certain duties heretofore devolved Raleys Mill, Shamrock, Bethune, and Sandy 

on the constables. Grove. The magistrate for the western 

This section was construed as follows in district is to be nominated in a primary 

Young v. Sapp, 167 S. C, 364; 166 S. E. election by the "voters voting at the pre- 

354 ; first, for the appointment by the Gov- cincts in Buffalo Township other than those 

ernor of two magistrates in Buffalo town- named as being in the eastern district." 

ship of Kershaw county ; one for the eastern The word "election" in the statute may well 

district, and the other for the western dis- be regarded as "nomination" for the two 

trict ; and the provisions as to the election words are commonly used interchangeably 

of the magistrates are amendatory of the and synonymously. 

§ 3773-1. Magistrates, Lancaster County. — (1) Number — Qualifications. 
— There shall be appointed for the county of Lancaster nine magistrates, one 
for each township in said county, to wit, Gills Creek, Cane Creek, Cedar Creek, 
Flat Creek, Buford, Pleasant Hill, Waxhaw, Indian Land, and one additional 
magistrate for the township of Pleasant Hill and Flat Creek townships, who 
shall reside and keep his office in the town of Kershaw, in said county. The mag- 
istrate for Gills Creek township shall reside at and keep his office at Lancaster 
courthouse, and the magistrate for Cane Creek township shall keep his office 
at the Lancaster cotton mills. Each of the magistrates appointed under the 



§ 3773-2 1934 Supplement 138 

provisions hereof shall be a resident of the judicial district for which he is 
appointed, and shall reside therein during his term of office. 

(2) Jurisdiction. — In all criminal actions triable by them said magistrates 
shall have exclusive jurisdiction within the limits of their respective districts. 
In prosecutions cognizable by the courts of general sessions and in all civil 
matters said magistrates shall each have jurisdiction throughout the limits of 
the county. But prosecutions and civil actions may be removed from one mag- 
istrate to another for the same cause and in the same manner as is now pro- 
vided by law, and the courts of common pleas shall have concurrent jurisdic- 
tion in all civil actions triable by magistrates. 

(3) Constables. — Each of the magistrates shall have one duly appointed 
constable. The constable so appointed and qualified shall, in addition to his 
other duties of making arrests and serving processes under the magistrates so 
appointing him, be a police officer in the territory in which he is so appointed, 
and shall work in cooperation and conjunction with the sheriff over the county 
generally. Constables shall give bond in the sum of five hundred ($500.00) 
dollars for the faithful performance of his duties with one or more sureties to 
be approved by the clerk of court. 

(4) Compensation.— The magistrates and constables herein provided for 
shall receive annually, to be paid monthly, the salary annually approved for 
said magistrates and constables by the general assembly. 1934, XXXVI II, 1251. 

This section added by lit: [4/1251. 

§ 3773-2. Magistrates, Lexington County. — (1) Districts. — Tbe number 
of magisterial districts in Lexington County is decreased from eight to five. 
The same to be designated as follows : 

Magisterial District No. 1 shall be the same as now provided by law, with 
one magistrate at Lexington courthouse. 

Magisterial District No. 2, shall be comprised of magisterial districts Nos. 
2 and 3 as at present constituted, with one magistrate. 

Magisterial District No. 3, shall be comprised of magisterial districts Nos. 
4 and 8 as at present constituted, with one magistrate. 

Magisterial District No. 4, which shall be comprised of magisterial districts 
Nos. 5 and 6 as at present constituted, with one magistrate. 

Magisterial District No. 5, which shall be comprised of magisterial district 
No. 7 as at present constituted with one magistrate. 

(2) Salaries. — The magistrates as fixed in this section shall be paid such 
salaries as shall be fixed annually for them in the county supply bill, and they 
are clothed with the same powers and shall have the same jurisdiction in their 
respective districts as is now conferred by law upon magistrates in this county. 
1934, XXXVIII, 1268. 

This section added by 1934/1268. 

§ 3774. Magistrates and Constables, Marion County. — There shall be two 
(2) magistrates in Marion County located as follows: In the town of Marion 
one, who shall receive a salary of one thousand ($1,000.00) dollars; in the town 
of Mullins one, who shall receive a salary of one thousand ($1,000.00) dollars, 
and one constable for the magistrate at Mullins, who shall receive a salary of 
six hundred ($600.00) dollars. The above salaries and compensation for magis- 
trates shall be for the calendar year beginning with January 1st, 1933, payable 
monthly, and shall be in full of all costs and fees in criminal cases and inquests. 
The policemen of the town of Mullins are hereby vested with all of the powers of 



139 Code of Laws of South Carolina § 3778 

constables of the county of Marion, but without salary for acting as such. The 
sheriff of Marion County shall be required to perform all of the duties of con- 
stable for magistrates now or hereafter imposed upon him by law. 1933, 
XXXVIII, 61. 

All this section is Dew (1933/61) except last two sentences. 

§ 3776. Magistrates, McCormick County. — * * *Each year each magis- 
trate in and for the county of McCormick shall file a good and sufficient bond 
with the clerk of the court of McCormick County for the faithful performance 
of his duties, in the sum of five hundred ($500.00) dollars, with one or more 
sureties thereon, approved by the clerk of the said court. 1934, XXXVIII, 1227. 

The above sentence added by 1934/1227. 

§ 3777. Magistrates for Newberry County. — (1) Districts — Number. — 
The county of Newberry shall be divided into four (4) magisterial districts, to 
be designated as magisterial district number one; magisterial district number 
two ; magisterial district number three and magisterial district number four. 
Magisterial district number one shall consist of that part of township number 
three lying north and east of Enoree River, township number four and town- 
ship number five ; magisterial district number two shall consist of township num- 
ber one, township number two, and that part of township number three lying 
south and west of Enoree River, township number six, township number seven 
and township number eight : magisterial district number three shall consist of 
that part of township number nine, not including the AVheeling school district, 
the Little Mountain school district ; and township number ten not includig the 
Central school district ; magisterial district number four shall consist of Wheel- 
ing school district, Little Mountain school district, Central school district and 
townships numbers eleven and twelve. 

(2) Offices. — The place of office for magisterial district number one shall 
be Whitmire; the place of office for magisterial district number two shall be 
New r berry; the place of office for magisterial district number three shall be 
Prosperity, and the place of office for magisterial number four shall be Little 
Mountain, or Pomaria. 

(3) Election — Term. — Candidates for magistrates shall be bona fide electors 
of the respective magisterial districts of which he seeks election and shall be 
nominated in the primary election every two years and shall hold office until his 
successors have been appointed and where jurisdiction shall extend over ter- 
ritory as set forth hereinabove provided that those magistrates serving at the 
time of passage of this section shall serve two years from the date of appoint- 
ment, and Provided, further, That magistrates nominated in the next subsequent 
primary to the passage of this section shall begin office in the month of January 
after said primary. 1932, XXXVII, 1268, 1525; 1934, XXXVIII, 1359. 

Section 3777 was repealed by 1932/1268, comes from the repealing Act and 1934/ 
1525 ; however, the same number is used 1359. 
here to avoid hyphenating. This section 

§ 3778. Oconee County Magistrates and Constables. — (1) Magistrates. — 
There shall be appointed for Oconee County six magistrates at the following 
places and with the following remuneration : "Walhalla, $300.00 ; Westminster, 
$300.00 ; Seneca, $300.00 ; Oakway, $100.00 ; Salem, $100.00 ; Fair Play, $25.00. 

(2) Constables. — The several magistrates may, in any particular crim- 
inal case, appoint a special constable to serve any warrant by endorsing in 
writing thereon the name of the constable so appointed and his appointment 



§ 3781 1934 Supplement 140 

thereto, and signed by the magistrate. The constable so appointed shall, for 
the purpose of serving the given warrant, be clothed with all the power reposed 
in other police officers. Such constable, at the end of each month shall receive 
from the fines collected by the magistrate one dollar for each arrest, with five 
cents a mile both ways for necessary travel in making the arrest. The magis- 
trate shall take the receipt of such constable, then transmit it with his cash 
on hand to the treasurer, as now required by law. The treasurer shall keep 
the constable's receipt and give the magistrate due credit therefor on the treas- 
urer's books. 1933, XXXVIII, 12, 275. 

Offices of magistrates for Townville and constables changed, 1933/12. Magistrate for 
Wolfe Stake abolished ; and appointment of Fair Play established by 1933/275. 

§ 3781. Magistrates and Constables, Pickens County. — * * * Each 
magistrate in Pickens County is hereby authorized and directed to appoint a 
constable for the purpose of serving all civil and criminal processes and to per- 
form such other duties as may be required of him by law. The salaries of the 
said constables shall be paid out of the contingent fund. 1933, XXXVIII, 466. 

The above sentence comes from 1933/466. 

§ 3782. Magistrates and Constables for Richland County. — (1) Compensa- 
tion. — The following are the magistrates now provided for by law for Richland 
County, who are to receive such pay as is hereinafter designated : 

Salary Expenses 

Columbia $1,425.00 $200.00 

Olympia 1,425.00 200.00 

Waverly 1,425.00 200.00 

Upper Township 1,026.00 

Hopkins 570.00 

Gadsden 570.00 

Lykesland 570.00 

Garners 570.00 

Eastover 570.00 

Dutch Fork 570.00 

Killian 570.00 

Blythewood 570.00 

Pontiac 570.00 

The following magistrates are hereby permitted to appoint a constable to 
receive such compensation as is hereinafter designated : 

The magistrates' constables at: 

Columbia $1,140.00 

Olympia 1,140.00 

Waverly 1,140.00 

Upper Township 684.00 

Eastover 540.00 

Dutch Fork 540.00 

Blythewood 540.00 

Provided, That the magistrate at Columbia may appoint an additional constable 
who shall serve without cost to Richland County, but who shall execute the bond 
herein provided for. 

(2) Magistrate Constables — Appointment — Qualifications. — Said consta- 
bles shall be appointed by the magistrates of the various magisterial districts 
herein mentioned as being provided with a constable, subject to the confirmation 



141 Code of Laws of South Carolina § 3785 

and approval of the Richland County legislative delegation. The constables so 
appointed shall be able-bodied men of good moral character and habits and shall 
not be addicted to the use of alcoholic liquors nor drugs, and shall have at least 
the equivalent of a sixth grade common school education. 

(3) Powers of Constables — To Wear Badge. — The said constables herein 
provided for shall at all times wear a badge designating their office and shall 
have all power and authority as is now conferred by law upon constables in 
Richland County. 

(4) Constables Subject to Sheriff's Orders as Well as Magistrates'. — 
In addition to being under the direct orders and supervision of the magistrate in 
the district where they are appointed, they shall be subject to the orders of the 
sheriff of Richland County and shall act promptly at any time when called 
upon by the sheriff to perform any duty he might direct. 

(5) Magistrates to Make Monthly Reports — No Pay for Constables Tes- 
tifying. — All magistrates in Richland County shall make a monthly report to 
the county board of commissioners as is now required by law as to the activities 
of their magisterial district and report all fines received by them of any kind 
or nature whatsoever and to report the full activities of their constables. The 
said constables shall not receive any additional compensation for testifying in 
any criminal case in Richland Comity as witness fees or otherwise, and shall be 
in attendance upon the court of general sessions of Richland County when 
so required. 

(6) Magistrate Constables to Give Bonds. — All of said constables shall 
comply with section 5247 of the Code of 1932 and shall execute the bond as 
therein provided for. The county commissioners are hereby required to pay 
the bond premiums for the constables at Blythewood, Eastover and Dutch Fork. 

(7) Constables to Serve Other Magistrates — Sheriff's Deputies to As- 
sist Magistrates Without Constables. — The sheriff of Richland County is 
hereby authorized to require any constable to act and serve for any other mag- 
istrate in Richland County upon such occasion as he might require ; and in all 
other cases where no constable is herein designated for a magistrate in Rich- 
land County, the said magistrate shall call upon the sheriff to furnish one of 
his deputies when the occasion requires. 

(8) Appointment of Constables Limited — Constables Not to Collect. — 
No magistrate shall appoint any other constable than is herein provided for. 
The constables herein provided for shall not act as collection agent for any 
firm, person, or corporation. 

(9) Terms of Constables. — The constables so appointed shall serve during 
the pleasure of and at the discretion of the magistrates by whom they were 
appointed, and may be discharged at any time, with or without cause, by said 
magistrates subject to the confirmation of such discharge and approval by the 
Richland County delegation. 

(10) Penalty for Magistrate or Constable to Violate. — Any magistrate 

or constable violating any of the provisions of this section shall be summarily 

removed from office by the Governor. 1932, XXXVII, 1208. 

This section, 1932/120S, superseded § 3782. new is suggested. 
A comparison of the old section with the 

§ 3785. Magistrates, Spartanburg County. — (1) Number— Term — Sal- 
aries — Jurisdiction. — There shall be eight (8) magistrates for Spartanburg 
County, who shall go into office on February 15th, 1933, or as soon thereafter 

10— s. c. c. 



§ 3786 1934 Supplement 142 

as they may be appointed and qualified. Their terms of office shall be io** 
two (2) years from the date of their appointment and until their successors 
shall have been appointed and qualified. The said magistrates shall be ap- 
pointed by the Governor upon the consent and advice of the senate. They shall 
receive annual salaries as follows, payable monthly : Spartanburg No. 1 at the 
city of Spartanburg, $1,200.00; Spartanburg No. 2, at the city of Spartanburg, 
$1,200.00; Inman, $350.00; Landrum, $150.00; Chesnee, $250.00; Woodruff, 
$350.00 ; Enoree, $150.00 ; Lyman, $350.00 : Provided, however, a magistrate 
may, also, be appointed at the town of Greer if, in the opinion of the senator 
from Spartanburg County, such appointment is advisable ; and said magistrate, 
when so appointed, shall receive an annual salary of three hundred ($300.00) 
dollars, payable monthly. 

(2) Books and Separate Bank Accounts. — * * * Of matters within 
the jurisdiction of magistrates' courts, both civil and criminal, the said magis- 
trates shall have jurisdiction throughout Spartanburg County. Their salaries 
as fixed herein shall be payable monthly and shall constitute their entire com- 
pensation as magistrates, and all fees collected by said magistrates shall be paid 
over to the county treasurer as hereinafter provided. Said magistrates shall 
collect the fees in both criminal and civil matters as now authorized and al- 
lowed by law, and shall keep an accurate account thereof as to the amount 
of such fees collected by them during the calendar month just preceding, shall 
be transmitted to the auditor of Spartanburg County and at the same time 
shall pay over to the treasurer of Spartanburg County all of such collections 
accompairying each payment with an itemized statement, showing the source 
and amount of such fees. All such fees in civil matters shall be payable in ad- 
vance. The reports required herein of the magistrates shall be sworn to, and 
it shall be unlawful for the supervisor or governing body of Spartanburg County 
to approve or pay claims for magistrates' salaries unless the reports and state- 
ments herein required shall have been made. The magistrates are hereby given 
power to issue search warrants for stolen goods or anything pertaining to 
thievery or to the prohibition law. 

(3) Bural Police Serve Papers "Without Charge. — The rural police of 
Spartanburg County are hereby required to perform services of magistrates' 
constable within said county and shall upon request of any magistrate serve 
any warrant, writ, summons or other process issued by such magistrate with- 
out any compensation other than the salary now fixed by law, but shall collect 
and turn over to the magistrates for whom such processes may be served the 
legal fees and mileage, as now provided for by law, the said fees to be included 
in the magistrates' report and turned over to the county treasurer as provided 
for in subsection 2 hereof. 1933, XXXVIII, 40, 480 ; 1934, XXXVIII, 1540. 

Subsection 1 superseded subsection 1 this Subsection 3 added by said 1933 acts. There 
section, 1932 code, 1933/40, 480, 1934/1540. was no change in Subs. 2. 

§ 3786. Magistrates in Sumter County. — (2) Salaries. — The salary of the 

magistrates of the county of Sumter shall be twenty-five ($25.00) dollars per 

month, except in the third magisterial district which shall be the sum of one 

thousand ($1,000.00) dollars per annum, payable in monthly installments: 

Provided, That the salaries received by the magistrates shall be in lieu of all fees 

and costs in criminal matters. 1932, XXXVII, 1484. 

The 1932 amendment reduced salaries of $350.00 per annum to $25.00 per month, 
magistrates, except in third district, from 






143 Code op Laws of South Carolina § 3786-1 

§ 3786-1. Magistrate, Third Magisterial District, Sumter County. — 

(1) Jurisdiction. — The magistrate of the third magisterial district of Sum- 
ter County shall have jurisdiction to try, hear and determine all civil cases and 
special proceedings where the amount claimed, or the value of the property in 
question does not exceed one thousand ($1,000.00) dollars, but such jurisdiction 
shall not extend to cases where the title to real estate is in question, nor to 
cases in equity; such jurisdiction to be coextensive with the limits of the 
county of Sumter; the criminal jurisdiction shall be as now provided by law 
for magistrates. 

(2) Appointment — Term. — The Governor shall appoint only a practicing 
attorney as magistrate for said district, with the advice and consent of the senate, 
and upon such appointment said magistrate shall serve for a period of two 
years, and until his successor is appointed and qualified. 

(3) Jury Commissioners — Duties — Jurors. — The board of jury commis- 
sioners as constituted by law in Sumter County for the drawing of jurors for 
the circuit courts shall constitute the board of jury commissioners for the draw- 
ing of jurors to attend upon the sessions of the magistrate's court of the third 
magisterial district for Sumter County, and the law relating to the qualifica- 
tions and drawing of jurors for attendance upon circuit courts shall apply 
to the qualifications and drawing the jurors for the said magistrate's court. 
Annually on or before the first day of April of each year the jury commis- 
sioners shall prepare a jury box for use in said magistrate's court as follows: 
Said box shall have two compartments marked A and B respectively, and in 
compartment A of said box the said jury commissioners shall place the names of 
not less than 400 male qualified electors residing within the third magisterial 
district for Sumter County, of good moral character, and shall cause the said 
names each to be written on a separate piece of paper and shall fold up such 
pieces of paper so as to resemble each other as much as possible, and so that 
the name thereon shall not be visible from the outside, and shall place said 
slips of paper with names written thereon, in said compartment A of said 
box, which said box shall be furnished by the county board of commissioners 
for that purpose, and all names of jurors of said court shall thereafterwards 
be drawn from said box in the manner herein provided, and after so prepar- 
ing said box the said box shall be marked and placed in the care of the magis- 
trate of said third magisterial district of Sumter County and in preparing a 
jury list for any term of said court, the stenographer of said court, or such 
other person not interested in any cause being tried in said term of court as 
may be designated by said magistrate, shall draw the names of eighteen jurors 
from compartment A and the names of the jurors selected to serve shall there- 
upon be placed in compartment B and shall not be again drawn until all 
names have been drawn out of compartment A, and the names not drawn to 
serve shall be replaced in compartment A, and upon the exhaustion of com- 
partment A the names in compartment B shall be drawn for jury service, and 
the names of such jurors so drawn shall thereupon be placed in compartment A : 
Provided, however, That should the said jury commission fail for any reason 
to prepare at any time hereafter the jury box as herein provided, the said 
magistrate shall continue to use the box as theretofore made up until the next 
jury box is made, which shall be done within ten days from the date written 
notice shall be given to said jury commission of the fact that such jury box 
has not been so made up: Provided, further, That not more than eighteen 
persons shall be drawn and summonded to attend at the same time at any ses- 



§ 3786-1 1934 Supplement 144 

sion of the magistrate's court unless the court shall otherwise order: Jurors 
drawn and summoned shall appear and attend upon the sessions of said magis- 
trate 's court for which summonded until excused or discharged by the magis- 
trate presiding : Provided, further, That service as a juror in the said magis- 
trate 's court shall not be held to exempt the juror so served from service as a 
juror in the circuit court in the same year. 

(4) Notice to Jurors. — The magistrate of said court shall give not less 
than one week's written notice to each juror to attend and serve upon said mag- 
istrate's court jury where any session of said magistrate's court is fixed by said 
magistrate : Provided, however, That no such notice shall be required unless 
a term of said court is ordered to be held by said magistrate. 

(5) Per Diem and Mileage of Jurors. — Jurors shall be paid fifty (50c) 
cents per day for each day in attendance upon said court to be paid by the 
parties to said cause, together with mileage at ten (10c) cents per mile one 
way : Provided, however, That in the event the business of said court shall 
warrant the holding of terms thereof, then jurors in attendance upon the terms 
of said court shall be paid one ($1.00) dollar per day with mileage at ten cents 
(10c) cents per mile one way, the same to be paid by the treasurer of Sumter 
County on warrant signed by said magistrate. 

(6) Terms of Court — Selection of Jury. — The magistrate of said court 
shall call such term or terms of court as the business thereof shall warrant, 
and if the business of said court shall warrant the same, said magistrate shall 
call not less than eighteen (18) jurors, drawn from said box as aforesaid, for 
service as jurors upon said term or terms of said court as said magistrate may 
order, no juror to be required, however, to serve more than one week at any 
one time, except that a case then being tried cannot be concluded within such 
week; and if any term be so called, the names of twelve jurors in attendance 
upon said court shall be placed on a list, and each party to any cause to be 
tried shall have the right to strike from such list three names, and the remain- 
ing six names shall serve as jurors on said cause : Provided, however, If the 
business of said court does not warrant the holding of terms thereof, then 
eighteen (18) names shall be drawn from said compartment A of said box, 
and each party to the cause shall have six strikes, as now provided by law. 

(7) Transfer of Cases now in Common Pleas Court. — All cases now on 
the docket of the common pleas court for Sumter County, and within the juris- 
diction of said court, shall on motion of plaintiff or his attorney therein be, 
by the clerk of common pleas for Sumter County, transferred to the said magis- 
trate 's court for trial, without further order. 

(8) Deposit for Cost — Appellant Pay for Transcript, When. — The plain- 
tiff in any cause brought within the jurisdiction of said magistrate's court shall 
deposit with the magistrate before the issuance of summons, a sufficient sum 
to cover the estimated costs of said case, exclusive of the transcript of testi- 
mony, to be fixed and determined by said magistrate, and on any appeal from 
said court to the circuit court involving a sum in excess of one hundred ($100.00) 
dollars, the party appealing shall pay to the stenographer taking such testimony 
at such trial, the cost of the transcript of testimony in such case so being ap- 
pealed, if such testimony is necessary for the determination of such appeal and 
its contents cannot be agreed upon by counsel to said cause so being appealed. 



145 Code of Laws of South Carolina § 3789 

(9) Rural Policemen Serve Process. — The rural policemen of the county 
of Sumter shall serve criminal and civil process of said magistrate as they 
may be directed by said magistrate. 

(10) Pleadings — Practice — Procedure — Appeals. — Except as otherwise 
herein provided, the pleadings, practice, procedure and appeals shall be as now 
provided for magistrate's courts in this state. 1933, XXXVIII, 168. 

This subsection added by 1933/168. 

§ 3787. Magistrates and Constables, Union County. — There shall be a 
magistrate located at Union court house, who shall have original and concur- 
rent jurisdiction throughout Union County and the sheriff and officers under 
him shall be ex officio his constables. There shall be a magistrate located at 
Jonesville who shall have original jurisdiction within Jonesville township and 
have the right to appoint and/or discharge his constable. There shall be a 
magistrate at Lockhart who shall have original jurisdiction within Lockhart 
school district No. 15, and who shall have the right to appoint and/or dis- 
charge his constable. There shall be a magistrate at Buffalo who shall have 
original jurisdiction within the Buffalo school district and also within Bogans- 
ville township and who shall have the right to appoint and/or discharge his 
constable. There shall be a magistrate at Monarch who shall have original 
jurisdiction in Union township of Union County in the area embraced in said 
township east of a north and south line erected at the point where the Union 
to Monarch Mills public road crosses the limits of the city of Union, and who 
shall have the right to appoint and/or discharge his constable. There shall 
be a magistrate at Carlisle who shall have original jurisdiction within the town- 
ships of Fish Dam and Goshen Hill and concurrent jurisdiction within San- 
tuc township and who shall have the right to appoint and/or discharge his 
constable. There shall be a magistrate at Cross-Keys who shall have original 
jurisdiction within the township of Cross-Keys and who shall have the right 
to appoint and/or discharge his constable. There shall be a magistrate at 
Santuc who shall have original jurisdiction within Santuc township and who 
shall have the right to appoint and/or discharge his constable. 1933, XXXVIII, 
171. 

This section supersedes section 3787, 1932 code. 

§ 3789. Magistrates and Constables, York County. — * * * (3) Compen- 
sation. — The said magistrates and constables shall receive per annum from 
said county as compensation for their services and in lieu of all fees and costs 
in criminal cases, the following salaries, to wit : In the first district the mag- 
istrate shall receive a salary of five hundred and sixty-seven ($567.00) dollars 
per annum and his constable shall receive a salary of four hundred and fifty- 
three and 60/100 ($453.60) dollars per annum; in the second district the mag- 
istrate shall receive a salary of three hundred fifty-nine and 10/100 ($359.10) 
dollars per annum, and his constable shall receive a salary of three hundred 
forty and 20/100) ($340.20) dollars per annum; in the third district the 
magistrate shall receive a salary of six hundred fourteen and 25/100 ($614.25) 
dollars per annum, and his constable shall receive a salary of five hundred 
sixty-seven ($567.00) dollars per annum; in the fourth district the magistrate 
shall receive a salary of one thousand twenty and 60/100 ($1020.60) dollars 
per annum, and his constable shall receive a salary of seven hundred thirty- 
seven and 10/100 ($737.10) dollars per annum; in the fifth district the magis- 
trate shall receive a salary of three hundred fifty-four and 37/100 ($354.37) 






§ 3799 1934 Supplement 146 

dollars per annum, and his constable shall receive a salary of two hundred eighty- 
three and 50/100 ($283.50) dollars per annum. 1933, XXXVIII, 215. 

The compensation of Magistrate and Constable was reduced by 1933/215. 

§ 3799. Rural Police, Darlington County.— Repealed by 1933 Acts, page 92. 

§ 3805. Rural Police System for Kershaw County. — Repealed by 1932 Acts, 

page 1222. 

§ 3806. Rural Police, Lee County. 

Result of election held August 28, 1934, on abolishing rural police system for 

Lee County was : Yes— 1939; No— 116 4. See 193 % Acts. 

The rural police of Lee County required rural police in the collection of delinquent 

to assist in collection of delinquent taxes taxes. See 1933/592, for nomination and 

in Lee County, 1933/530. Tbe said act term of rural police in Lee County, 
provided for an expense allowance to the 

§ 3808. Rural Policemen for Marlboro County. 

Subsections 1 and 7 of this section in 1932 ment and term of rural policemen for Marl- 
Code were repealed by 1933/484. See iho boro County, 
said repealing Act, 1933/483 for appoint- 

§ 3809. Rural Policemen in Oconee County. 

3809, 1932 Code, was repealed by 1933/ venience. See 1933/33 for rural police 
11. The section number is retained for con- system in Oconee County. 

§ 3811. Rural Police, Pickens County. 

This section was superseded by 1933/90. system for Pickens County. 
See the said 1933 Act for rural police 

§ 3813. Rural Police System, Richland County. — Repealed by 1933 Acts, 
page 86. 

§ 3817. Rural Police System in York County. 

For rural police system for York County see 1934/1328. 

§ 3818. Election of County Supervisor — Term of Office — Sub-Supervisors. 
Term of Jasper County supervisor fixed at 2 years, 1934/1552. 

§ 3820. Bond of Supervisor. 

For bond of supervisor of Bamberg Newberry County § 4666 ; Oconee County 
County § 3989-1 ; Cherokee County § 4121-1 ; § 4689. 

§ 3822. Bond of Commissioners. 

For bond of commissioners of Bamberg McCormick County not required to give 
County § 3989-1 ; Cherokee County § 4121-1 ; bond, 1934/1227. 
Newberry County § 4666 ; commissioners of 

§ 3827. Supervisor Publish List of Claims Audited. 
Publication for expenditures for Clarendon County, 1933/92. 

§ 3831. Convicts May Be Sentenced to County Chaingangs — Municipal 
Convicts — Time. 

Municipal authorities may sentence per- See Editor's note to § 956. 

sous convicted of offenses against their See 1932/1374, which provides for per- 

laws, if they desire to do so, to the mu- sons committed to jail awaiting trial in 

nicipal chain gang. Greenville v. Pridmore, Clarendon or Sumter Counties to work 

162 S. C, 52, 160 S. E., 144. upon the county chaingang. 

§ 3835. County Supervisor in Charge of Chaingangs. 

See Editor's note to § 956. and magistrates may sentence persons con- 
Sentence of County and State Prisoners victed of the violation of the criminal laws 
to Municipal Chaingangs. — W hen the to labor on any chaingang established by 
county authorities have not formed a a municipality situate in that county, if 
county chaingang, state and county courts terms as to the working and maintenance 



147 Code of Laws op South Carolina § 3902-1 

of such convicts are agreed upon by and municipal chaingang, and placed under the 

between the county commissioners and the supervision of the municipal authorities, 

municipal authorities operating such chain- cannot be required to labor on the county 

gangs. Greenville v. Pridmore, 162 S. C, chaingang. Ibid. 

52, 160 S. E., 144. Acceptance or discharge of convicts to or 

Municipal Prisoners. — Persons sentenced from Saluda County chaingang or jail, 

by municipal authorities to labor on a 1933/317. 

§ 3836. Care of Convicts — Expenses. 

Care and Custody. — County authorities municipalities. Greenville v. Pridmore, 162 

are required to diet and provide suitable S. C, 52, 160 S. E., 144. 
and efficient guards for the convicts sen- See Editor's note to § 956. 

fenced to the county chaingang by the 

§ 3837. Municipal Convicts. 

Municipality to Maintain its Chaingang. etc., of the convicts sentenced by such 

— If municipal authorities establish a mu- authorities to such chaingangs. Greenville 

nicipal chaingang, they are required to pay v. Pridmore, 162 S. C, 52, 160 S. E., 144. 
all the expenses of the dieting, guarding, 

§ 3844. Fees for Dieting Prisoners. 

Fee for dieting prisoners in Greenwood County fixed at 40$ per day, 1932/1122. 
§ 3847. Health of Convicts — Fees and Expenses. 

Liability of Chester County for dental, oners, 1932/1238. 
surgical, and hospital treatment of its pris- 

§ 3864. Estimate of County Expenses — Submission to General Assembly. 

Levy for Payment of Judgment. — In to the Comptroller General and by him to 

Green v. West, County Treasurer, et al.. the General Assembly, a sum sufficient to 

161 S. C, 161, 159 S. E., 23, a writ of pay a judgment recovered against tbe 

mandamus was issued requiring the super- county together with interest and cost, 

visor to include in his next estimate of the Commissioners have no authority to levy 

money necessary for county expenses, a tax for payment of judgment against the 

which estimate is to be submitted by him county hereunder. 

§ 3884. Protection of Sinking Funds of Bonds Issued by Political Sub- 
divisions of the State. — (6) Section Not Applicable to Certain Counties. — 
The provisions of this section shall not apply to Abbeville, Anderson, Beaufort, 
Cherokee, Chester, Chesterfield, Clarendon, Colleton, Darlington, Edgefield, 
Georgetown, Greenville, Greenwood, Horry, Jasper, Kershaw, Laurens, Lee, 
Lexington, McCormick, Marion, Newberry, Oconee, Orangeburg, Richland, Sa- 
luda, Union, Williamsburg, York Counties : Provided, That the investment of 
any sinking funds of Pickens County, under the provisions of this section, shall 
be optional with the custodian of such funds, and any investment thereof by 
said custodian shall be first approved by the attorney for the said county of 
Pickens. 1932, XXXVII, 1352, 1363. 

By 1932/1352 Pickens County was omitted added. Anderson County was exempted by 
from first sentence and the proviso was 1932/1363. 

Abbeville County 

§ 3902-1. Abbeville County Issue Certificates of Indebtedness Pay Its. 
Obligations. — (1) When. — Whenever it is impossible to pay in cash for the 
operating expenses of Abbeville County as provided by law, or as ordered by 
written instructions of the county legislative delegation filed with the county 
treasurer, either because of the non-collection of taxes or the inability to borrow 
money in anticipation of the payment of current taxes, the county board of 
commissioners is authorized to request from time to time the treasurer to issue 
temporary certificates of indebtedness against the collection of said taxes and 
to deliver such certificates in lieu of cash to the officers, employees, and creditors 



§ 3903 1934 Supplement 148 

of Abbeville County, in the sum due : Provided, however, the authority herein 
conferred shall terminate at any time upon written instructions to that effect 
by the county legislative delegation. Provided, That the amount of certificates 
shall not exceed the amount of the supply bill. 

(2) Denominations — Amount — Limited. — The treasurer shall thereupon 
issue and sign the said certificates in convenient amounts and denominations, 
not less than one nor more than twenty dollars each, but in no case shall the total 
amount of such certificates, together with any sums borrowed by the county 
against the taxes of the current year exceed seventy-five (75%) per cent of 
the taxes in anticipation of the collection of which the said certificates are issued. 

(3) Negotiable. — The said certificates shall be originally issued to the in- 
dividual officer, employee, or creditor of the said county, but upon endorsement 
by such payee shall be negotiable and the title thereto shall pass to subsequent 
holders by delivery with no further endorsement. Upon recpiest, the treasurer 
or his deputy shall witness and attest such endorsement, which shall be con- 
clusive evidence thereof. 

(4) Interest — Maturity. — Such certificates of indebtedness shall bear in- 
terest from the date of issuance until maturity at the rate of five (5%) per 
cent per annum, and each certificate shall bear on its face its date of maturity, 
not later than March 1 of the succeeding year, as shall be determined by the 
county treasurer. 

(5) Accept on County Taxes. — Such certificates shall be received by the 
county treasurer at any time in payment of taxes due Abbeville County therein 
at the face value, plus accrued interest to the time of such receipt. 

(6) Payment. — The payment of the said certificates shall be secured by the 
taxes in anticipation of the payment of which the certificates were issued, and 
by the full faith, credit, and taxing power of the said county. Should the pledged 
revenue be insufficient to retire the indebtedness the auditor shall levy and 
the treasurer collect a sufficient tax to retire the said certificates. 

(7) County Treasurer Keep Record of Certificates. — The treasurer shall 
number and keep a record of all such certificates issued and upon payment of 
each it shall be cancelled by perforation, and such payment be entered upon 
the record thereon. 1934, XXXVIII, 1477. 

This section added by 1934/1477. 

Aiken County 

§ 3903. County Commissioners — Term — Removal. — There shall be for Aiken 
County three (3) county commissioners, each of whom shall hold office for a 
term of four (4) years, unless sooner removed for incapacity, neglect or other 
sufficient cause by the Governor, upon recommendation by the grand jury : 
Provided, That the present commissioners of Aiken County shall hold office 
until their term has expired, then their respective successors to be elected 
for a term of four (4) years, in the same manner as said commissioners are 
now elected, and the said commissioners must be residents of their respective 
districts. 1932, XXXVII, 1385. 

The term of commissioner was increased from 2 to 4 years, 1932/1385. 

§ 3938-1. Operation of Motor Boat on Bath Lake, Aiken County, With 
Exhausts or Cut-Outs Open Restricted. — The operation and driving of motor 
boats upon the waters of Bath Lake, in Aiken County, South Carolina, with 
exhausts, mufflers or cut-outs open, or by any other method or means, whereby 



149 Code of Laws of South Carolina § 3949 

disturbing, excessive and useless noises are produced by such operation, is de- 
clared a public nuisance and is hereby forbidden : Provided, however, That 
said motor boats may be operated upon said lake with exhausts or cut-outs 
open, or in such manner as the operator may desire, on and during all legal 
holidays. Any person who shall violate the provisions hereof shall be deemed 
guilty of a misdemeanor, and upon conviction shall be punished by a fine of 
not less than twenty-five ($25.00) dollars and not more than fifty ($50.00) 
dollars, or imprisonment for a period not exceeding thirty days. All fines im- 
posed and collected under the provisions hereof shall be paid to the treasurer 
of Aiken County and by him credited to the school funds of the school district 
in which said Bath Lake is situated. 1933, XXXVIII, 94. 
This section added by 1933/94. 

Allendale County 

§ 3940. Appointment of Members — Term — Bonds. — * * The legisla- 

tive delegation of Allendale County, consisting of the senator and representa- 
tive, is hereby authorized and empowered, in its discretion, to declare vacant 
the office of any member of the county board of commissioners of Allendale 
County in any case in which the incumbent, by reason of mental disability, 
shall have become, or may hereafter become incapable of performing the duties of 
such office, and to recommend for appointment the successor to such officer in 
the manner now provided by law. 1934, XXXVIII, 1196. 

The above added to this section by 1934/1196. 

§ 3949. May Borrow. — (2) Borrow from Its Sinking Fund for General 
County Purposes. — The treasurer and auditor of Allendale County are hereby 
authorized and empowered to borrow such sum or sums as may be authorized 
and approved by the legislative delegation of Allendale County in any one 
calendar year, at such times as may be necessary for general county purposes 
or for the purpose of retiring any outstanding obligations of the said county 
or any school district thereof, or for such other purposes as the said legisla- 
tive delegation may approve, from any sinking fund held by the said county 
treasurer. Any loan made hereunder shall be evidenced by the official note 
of the county board of commissioners payable to such sinking fund, the said 
note to bear interest at a rate not less than the rate of interest at which said 
sinking fund shall be invested on the date of such loan. No loan shall be 
made hereunder except with the approval in writing of the legislative dele- 
gation, duly endorsed upon the obligation or obligations issued hereunder. 
And the said treasurer and auditor and the county board of commissioners 
of Allendale Count}- are hereby vested with full power to do and perform any 
and all such acts as shall be necessary and proper to render effective the pro- 
visions of this section, and to create a valid and binding obligation of the said 
county of Allendale, pledging the full faith and credit of the said county and 
pledging as security all taxes or other revenue available for the purposes for 
which said money may be borrowed, for payment of all sums which may be 
borrowed hereunder. Any sum borrowed hereunder on behalf of any school 
district shall be directly chargeable to such school district and shall consti- 
tute a valid and binding obligation thereof subject to the levy of such taxes 
as may be necessary for its payment. All notes or evidences of indebtedness 
executed hereunder shall be substantially in the form prescribed in subsection 
1 of this section. 1933, XXXVIII, 115 ; 1934, XXXVIII, 1390. 

Subsection 2 added by 1933/115; 1934/1390. 



§ 3956 1934 Supplement 150 

Anderson County 

§ 3956. County Board of County Commissioners Abolished — Duties De- 
volved. — Upon the expiration of the present terms of office of the county 
commissioners of Anderson County, the offices of county commissioners of 
said count}* - are abolished, and sections 3956, 3957, 3958, 3960, and 3962, cre- 
ating the board of county commissioners for Anderson County, providing for 
their appointment, defining their duties and fixing their compensation, are 
hereby repealed, and the duties heretofore exercised by the county board of 
commissioners are devolved upon the county supervisor under such limita- 
tions as are provided in §§ 3956 and 3957. 1934, XXXVIII, 1447. 

Section 3956, 1932 Code repealed by 1934/1447. Present section comes from repealing act. 

§ 3957. Supervisor — Term — P o w e r s — Advisory Board — Appointment — 
Terms — Pay — Vacancies — Duties and Powers — Removal. — The term of office 
of the supervisor shall be as now provided by law, and he shall enjoy and have 
all of the powers now conferred upon him by law, except as may be limited 
herein. The advisory board shall be composed of the supervisor, who shall 
be elected as now provided by law, and four discreet, competent men, who 
shall be appointed by the Governor, upon the recommendation of a majority 
of the legislative delegation from Anderson County. The regular terms of 
office of the appointive members of the advisory board shall be for four years, 
and until their successors have been appointed and qualified : Provided, That 
the initial term of two of the members shall be for only two years, and the 
legislative delegation shall indicate in their recommendation to the Governor 
which persons shall serve for the initial two-year term. It shall be the duty 
of the said advisory board to meet at Anderson, South Carolina, on the first 
Tuesday in each month, and oftener if necessary, and audit all claims against 
the county and determine the important work of the county and devise plans 
for the prosecution thereof, and to pass upon and determine all matters per- 
taining to the due administration of the county government. It is distinctly 
declared that no important or expensive county projects shall be undertaken 
by the supervisor without the approval of the county advisory board, neither 
shall any claim be paid by the county without the approval of such board. 
The supervisor shall have control of the county chaingang, the county home 
and farm, and county roads, and is charged with the care and supervision of 
all county property. The clerk, as now provided by law for the county super- 
visor, shall be clerk for the county supervisor and the county advisory board. 
The members of the advisory board shall receive a salary of one hundred 
($100.00) dollars each per year. Any vacancy occurring in the membership 
of the advisory board shall be filled as provided for the regular appointments. 
For failure to perform his duty, it shall be the duty of the Governor to re- 
move any such member upon the written request of a majority of the legis- 
lative delegation. Where any duty under the general provisions of law is to 
be performed by a county board of commissioners, or other governing body 
of a county, and such duty is not specifically devolved under the terms hereof, 
the same shall be performed by the county supervisor. 1934, XXXVIII, 1447. 

Section 3957, 1932 Code, repealed by 1934/ ing act. 
1447. Present section copied from repeal- 

§ 3958. Duties. — Repealed by 1934 Acts, page llflfi. 

§ 3960. Purchases. — Repealed by 1934 Acts, page 144?- 

§ 3962. Compensation. — Repealed by 1934 Acts, page 144?- 



151 Code of Laws of South Carolina § 3971-1 

§ 3967. Publication of Statements by Supervisor and County Commis- 
sioners of Anderson County.— It shall be the duty of the supervisor and the 
county board of commissioners of Anderson County to publish, at the end 
of every quarter, one time, in some newspaper published daily, weekly, semi- 
weekly or bi-weekly, in said county, after securing competitive bids, to be 
awarded upon a basis of total circulation, for the printing thereof and award- 
ing same to the lowest responsible bidder, a verified statement showing: (1) 
The sum total of all moneys received by the county board of commissioners, 
stating how and from what source said moneys or receipts were derived. (2) 
A verified itemized statement showing each and every bill or claim against 
the county which shall have been approved and paid by the said board, set- 
ting forth the name of the claimant, the amount, and the purpose for which 
same was paid. (3) A statement of the full amount of the floating and the 
bonded indebtedness of said county at the time of making the quarterly state- 
ments herein: Provided, That such publication shall not be made, nor this 
section complied with unless a bid be received to publish all four of such quar- 
terly statements for the ensuing year for not exceeding six hundred dollars. 
The failure of the supervisor and the county board of commissioners to pub- 
lish the quarterly statements herein provided for. within thirty days from the 
end of each quarter shall subject said officers to a penalty of ten ($10.00) 
dollars for each and every day of such failure of duty, after the lapse of 
thirty days, as above provided. 1933, XXXVIII, 393. 

Prior to 1933/393 statements were published only in daily newspapers. 

§ 3971-1. Compensation of Officials — Collection and Disposition of Fees.— 

(1) Salaries in Lieu of Fees. — After the expiration of the term of office of 
the present county officials of Anderson County, such officials as may be here- 
after elected or appointed shall receive as compensation the following salaries 
in lieu of all fees, to wit: Sheriff, three thousand ($3,000.00) dollars; travel- 
ing expenses for sheriff's office, eighteen hundred ($1,800.00) dollars; pro- 
bate judge, three thousand ($3,000.00) dollars; one clerk, one thousand 
($1,000.00) dollars; clerk of court, three thousand ($3,000.00) dollars; two 
clerks, twenty-four hundred ($2,400.00) dollars; auditor, three thousand 
($3,000.00) dollars; two clerks, two thousand ($2,000.00) dollars; treasurer, 
three thousand ($3,000.00) dollars; one clerk, eighteen hundred ($1,800.00) 
dollars : Provided, That the county delegation shall have authority to approve 
additional amounts for extra clerks should same be necessary. Supervisor, 
three thousand ($3,000.00) dollars; one clerk, eighteen hundred ($1,800.00) 
dollars ; one automobile for use of supervisor and county engineer ; superin- 
tendent of education, three thousand ($3,000.00) dollars; the said salaries 
hereinabove provided for to be in lieu of all fees of whatever nature or de- 
scription collected by the aforesaid officers as provided for by law, including 
all fees or costs accruing by virtue of their offices : Provided, however, That 
the salaries herein provided for the auditor and treasurer shall represent the 
total amount to be paid such officials by the county and state. 

(2) Fees. — The respective officers of Anderson County are hereby di- 
rected to charge for the filing, recording or serving of any paper or document, 
or for any other service, as is now, or may hereafter be, authorized by law. 

(3) Predecessors in Office Entitled to Earned Fees. — Each successor in 
office shall file with the treasurer of Anderson County a complete list of all 
fees accrued to and belonging to his predecessors in office, verified ; upon any 



§ 3971-1 1934 Supplement 152 

costs belonging to a predecessor in office, being collected, said officer or officers 
collecting the same shall before paying the same over to any person, require a 
receipt therefor, and said receipt shall be filed along with and as a part of reports 
required by subsection 1. 

(4) Costs and Fees Payable in Advance— Officers to Make Monthly 
Settlements — Collection of Cost in Legal Actions. — All costs and fees now 
required by law to be paid to the aforesaid officers and accruing to them by virtue 
of their said offices, shall be paid in advance and all such costs and fees collected 
by the aforesaid officers shall be, by the official collecting same, paid over to 
the treasurer of Anderson County on or by the first Wednesday of each month ; 
and, at the same time, the said officer shall file with the treasurer a verified, 
itemized statement in duplicate, on blanks approved by the treasurer of said 
county and furnished to the officers by the county : Provided, That upon applica- 
tion of the party or his attorney to any officer charged with the collection of 
any such costs or fees, if it appears to the satisfaction of such officer that the 
property involved in the action is abundantly ample to cover such fees and 
costs and will be chargeable therewith, he shall not require the same to be col- 
lected in advance but the payment thereof shall be made upon the termination 
of the action or proceeding. 

(5) Clerical Help and Other Assistance. — In addition to the salaries pro- 
vided for in subsection 1 hereof to be paid to the officials of Anderson County 
the Anderson County delegation shall from year to year provide for such clerical 
help and other assistance as it may think right and proper for the aforemen- 
tioned officials in the annual supply bill for Anderson County: Provided, how- 
ever, That the officials mentioned in subsection 1 shall not in any manner profit 
by the moneys paid for clerical help or other assistance, and said clerical help 
shall be paid only on vouchers, properly drawn, which shall be sworn to by 
claimants and countersigned by the county supervisor. 

(6) Penalty for Violation. — Any official violating any of the terms and 
conditions and provisions hereof, shall be subject to the payment of a fine of 
not less than five hundred ($500.00) dollars nor more than five thousand ($5,- 
000.00) dollars, or not less than three months nor more than twelve months 
imprisonment upon the public works of Anderson County for each and every 
offense hereunder. 

(7) When Persons Unable to Pay Cost May Institute Actions — Collec- 
tion of Cost — Payment of Cost in Foreclosure or Partition Proceedings. — 
In the event that any party desiring to institute a suit, action or special pro- 
ceeding in any court in Anderson County is unable to advance the fees required 
of him under the terms of this section, and such fact shall be made to appear 
by affidavit to the satisfaction of the clerk of any such court, or to the judge 
thereof, such party shall be entitled to be relieved by order of the clerk or of 
the court, as the case may be, of the necessity of paying in advance the fees and 
costs as required under other provisions of this section. All such costs, charges 
and fees, however, shall be taxed upon the determination of the suit as provided 
by law, and shall be paid by any such party, if, and when any judgment in 
his favor shall be collected, or if judgment be entered against him for the amount 
thereof, when such judgment is collectible: Provided, further, That all costs 
and fees in actions in foreclosure of mortgages or other liens on real or per- 
sonal property and in actions for partition of real estate shall be taxed and 
paid out of the proceeds of sale of the property. 1932, XXXVII, 1554. 

This section is new, 1932/1554. 



153 Code of Laws of South Carolina § 4022 

Bamberg County 

§ 3989. Term of Office — Superintendent of Education — Appointment — 
Election. — The term of office of county superintendent of education of 
Bamberg County shall be for a period of four (4) years and until his successor 
shall have been duly elected and qualified under the general provisions of law 
governing the election of county superintendents of education, and the regular 
four-year term shall begin July 1, 1935. 1934, XXXVIII, 1429. 

§ 3989-1. Bonds County Officials. — The officers of Bamberg County upon 
the expiration of their present bonds are required to give bond for the faithful 
discharge of their respective duties in the amounts as hereinafter indicated. 

Clerk of court, $3,000.00; auditor, $3,000.00; treasurer, $15,000.00; sheriff, 
$10,000.00; county supervisor, $3,000.00; superintendent of education, $1,000.00; 
judge of probate and master, $5,000.00; coroner, $1,000.00; county commission- 
ers, $1,000.00. The premiums on such bonds shall be paid by the county. 1933, 
XXXVIII, 440. 

Barnwell County 

§ 3994. Duties Devolved. — * * * All the powers, duties and responsi- 
bilities heretofore vested in and imposed upon the board of regents for Barn- 
well County, under the provisions of act 31, 1929 Acts, are hereby vested in 
and devolved upon the county board of directors of Barnwell County. 1934, 
XXXVIII, 1336. 

The above added by 1934/1336. 

§ 4019-1. Fiscal Year. — The fiscal year of Barnwell County is changed 
from July 1 to June 30, inclusive, of the year next succeeding. 1933, XXXVIII, 
438. 

This section added by 1933/438. 

Beaufort County 

§ 4021. Board of Directors — Term. — The board of directors of Beaufort 

County shall consist of six (6) members, one from Beaufort township, one from 

Sheldon township, one from Yemassee township, one from Bluff ton township, 

one from St. Helena township, and one from Hilton Head township, who shall 

hold office until January 1, 1935, or until their successors are appointed and 

qualify; and after January 1, 1935, the term of office shall be for two (2) 

years, or until their successors are duly appointed and qualify. 1933, XXXVIII, 

248. 

The term of office of members of the increased from 1 to 2 years, commencing 
board of directors of Beaufort County was January 1, 1935, 1933/248. 

§ 4022. Appointment — Vacancy. — The members of the county board of 
directors shall be appointed by the Governor upon the recommendation of a 
majority of the legislative delegation from Beaufort County, and said delega- 
tion in making said recommendation shall be bound by the nomination in any 
Democratic primary if made, "such nominations to be made by the voters in 
the respective townships, who are qualified to vote in such primary." Should 
a vacancy occur in the office of any director by reason of death, resignation 
or otherwise it shall be filled in the manner herein prescribed for the appoint- 
ment of directors for a full term. 1933, XXXVIII, 248. 

Beaufort County legislative delegation appointment of directors for Beaufort 
bound by nominations made in Democratic County, 1933/248. The section otherwise 
primary in making recommendations for remains unchanged. 



§ 4023 1934 Supplement 154 

§ 4023. Supervisor of Roads — Appointment — Salary — Duties — Removal. — 
The Governor shall appoint a supervisor of roads for Beaufort County upon 
the recommendation of a majority of the legislative delegation from Beaufort 
County, the said delegation in making said recommendation shall be bound by 
the nomination in any Democratic primary if made. The term of office of 
said supervisor of roads shall coincide with that of the office of the members 
of the board of directors and his salary shall be as fixed in the annual supply 
bill for Beaufort County. Said supervisor of roads shall have charge of or- 
ganizing and managing the construction, maintenance and repairs of the roads 
and bridges of Beaufort County under the general supervision of the county 
board of directors and shall perform such other duties as said board of di- 
rectors shall direct. He shall be removed from office by the Governor at any 
time when so requested by a majority of the board of directors and a majority 
of the legislative delegation from Beaufort County. 1932, XXXVIII, 248. 

Former § 492.3 with decrease of bond up § 4(124. The provisions of this section 

for directors from $5,000.00 to $2,000.00. as it is now constituted were added by 

and payment of expenses of members as 1933/248. 

provided in county supply bill, now makes 

§ 4024. Directors — Organization — Compensation — Bond. — Said board of 
county directors shall elect from their number a chairman, upon whom may be 
devolved by the board, in its discretion, such executive and official duties as it 
may deem advisable. The chairman of said board shall receive as compensa- 
tion for his services the sum of two hundred ($200.00) dollars per annum, and 
each of the other members of said board shall receive the sum of one hundred 
fifty ($150.00) dollars per annum. Each member of said board, before enter- 
ing upon the discharge of the duties of his office, shall enter into a bond secured 
by a duly licensed surety company and be approved by the clerk of court, pay- 
able to the county, in the sum of two thousand ($2,000.00) dollars, conditioned 
for the faithful performance of his duties. They shall be allowed an expense 
account which shall be used to defray the cost of travel to and from meetings 
of the directors or while attending to the necessary business of their office, as 
provided in the county supply bill. 1933, XXXVIII, 248. 

This section with the following changes: stood as § 4023, 1932 Code. § 4024, 1932 

Bond of directors decreased from $5,000.00 Code, now makes up § 4025 hereof, 1933/ 

lo $2,000.00 each, and expenses to lie paid 248. 
as provided in county supply bill, formerly 

§ 4025. Duties Devolved on Directors. — All the duties, obligations and 

functions heretofore imposed by law upon the county commissioners and county 

supervisor of Beaufort Count}', which may be consistent with the provisions 

of sections 4020 to 4027, together with all the powers and authority now vested 

by law in the said office and officers, are hereby devolved upon and vested in 

said board of county directors. 1933. XXXVIII, 248. 

The provisions of this section formerly § 4026 for provisions of this section as it 
made up § 4024, 1932 Code, 1933/248. See appeared in 1932 Code. 

§ 4026. General Duties and Powers of Directors — Office. — It shall be the 
general duty of said board of county directors, for the discharge of which duty 
full power and authority are hereby conferred, to organize and conduct the 
administration of the county's business, financial and fiscal affairs upon a sys- 
tematic, economical and efficient basis. To that end the said board, first, shall 
provide and maintain at the county seat an office for the transaction of busi- 
ness, which shall be open as nearly as practicable upon every business day of 
the year, wherein shall be kept all books of accounts, contracts, correspondence, 



155 Code of Laws op South Carolina § 4048 

and other records of official business ; second, shall inaugurate and maintain, 
under such expert supervision and direction as may be necessary, a system 
of receiving' and disbursing funds and keeping accurate check of same, and 
of accounting and bookkeeping that will properly safeguard the public interest 
and accurately determine and show the cost of maintaining all public institu- 
tions and public property and of performing all public work of every character ; 
third, shall maintain and keep in repair and in efficient operative condition 
all county property and county institutions ; and, fourth, shall be chargeable 
with and responsible for the construction and proper maintenance and upkeep 
of the county's roads, highways and bridges. The Beaufort County board of 
directors are empowered to co-operate with the United States Government in 
the prevention of erosion and the preservation of beaches in Beaufort County ; 
said authority to be exercised only in the event no state agency for South 
Carolina is established which is qualified for such purpose. 1933, XXXVIII, 248. 

For the provisions of this section as it linn is made up of § 4025, 1032 Code, 1933/ 
was in 1932 Code less subdivision 2 see 24S. 
4027 and note thereto. The present sec- 

§ 4027. Clerk — Duties — Employees. — The said board of county directors 
is hereby authorized: (1) To employ a competent office assistant to be known 
as clerk of the board of county directors, who shall be required to be in the 
office of the board daily, within reasonable office hours, to keep the books, ac- 
counts and records, and to perform the clerical work of said office, and to per- 
form such other duties as may be imposed by the said board: (2) To employ 
such other assistants, agents and servants, and to retain the services of such pro- 
fessional and technical experts as may be necessary properly to carry on the 
business of the county. 1933, XXXVIII, 248. 

For the provisions of this section with sioiis hereof formerly made up § 4026, 1932/ 
certain changes as it was in 1932 Code, 248. 
see § 4028 and note thereto. The provi- 

§ 4028. Compensation of Employees — Bonds — Removal. — The compensa- 
tion and salaries of said clerk of the board, and of all other employees, agents 
and servants of the county, shall be determined and fixed by the said board 
of county directors, and shall be as low as may be consistent with securing com- 
petent employees and efficient service. An adequate bond with good and suf- 
ficient surety, payable to said board of county directors, and conditioned for 
the faithful performances of their duties, shall be required of the clerk of the 
county board of directors, of the supervisor of roads, and of such other em- 
ployees and contracting parties as the board may deem proper. The said clerk 
of the board of county directors, and all other employees shall be subject to 
removal or discharge at the discretion of the board. 1933, XXXVIII, 248. 

The provisions of this section were re- provisions for the compensation and/or re- 
pealed by 1933/248. The above provisions moval of supervisor of roads, formerly 
with the following changes: elimination of made up § 4027, 1932 Code. 

Berkeley County 

§ 4046. County Treasurers Published Monthly Reports. — Repealed by 1933 
Acts, page 116. 

§ 4048. Use Sinking Fund Monies or Other Funds to Finance Schools or 
for General Purposes. — When the supervisor and treasurer of Berkeley County 
are desirous of borrowing money in anticipation of the collection of taxes, 
upon the county's note, for school purposes or under the appropriation act for 



§ 4069 1934 Supplement 156 

the county; as provided by law, and the treasurer of said county has on 
hand sinking fund monies or other funds, which apparently will not be needed 
for the purpose for which they are held until the maturity of such note, then 
with the approval of the diversion commission for said county, consisting of 
the county treasurer, county supervisor, and members of the delegation in 
the general assembly from Berkeley County, by resolution adopted by a ma- 
jority thereof, the treasurer of said county shall purchase such county note 
or notes and invest such funds therein and the interest received on such note 
or notes shall be credited to the account from which the funds are loaned 

1932, XXXVII, 1196. 

This section is new, 1932, p. 1196. 

Calhoun County 

§ 4069. Road Tax. — All able-bodied male persons from the age of twenty- 
one to fifty years, in the county of Calhoun, shall be required annually to pay 
two dollars commutation or road tax, except ministers of the gospel actually 
in charge of a congregation, teachers employed in public schools, and all stu- 
dents who may be attending any school or college at the time when the com- 
mutation tax herein provided for shall become due. All persons who are liable 
to road duty in said county, as fixed herein, in lieu of performing or causing 
to be performed, labor upon the public highways of said county, shall be re- 
quired to make returns thereof at the same time property and poll tax re- 
turns are made and to pay to the county treasurer of said county an annual 
commutation or road tax of two dollars per head which shall be expended 
upon the public roads of the county; and any failure to pay said road tax 
shall be a misdemeanor, and the offender, upon conviction, shall be punished 
by a fine of not less than five ($5.00) dollars and not more than ten ($10.00) 
dollars or imprisoned for not more than thirty (30) days. The said tax shall 
be collected at the same time and in the same manner as other taxes are col- 
lected. 1934, XXXVIII, 1216. 

Section 4009, 1932 Code superseded bj 1934/1216. Present section comes from said act. 

§ 4069-1. Fiscal Year.— The fiscal year for Calhoun County shall run from 
July 1st to June 30th of each year, and the county officials of Calhoun County 
shall so arrange their books and records as to carry out the provisions hereof. 

1933, XXXVIII, 449. 

This section added by 1933/449. 

Charleston County 

§ 4075-1. Sanitary and Drainage Commission Advertise Letting of Contracts 
Exceeding $500.00 for Labor or Supplies. — The sanitary and drainage com- 
mission of Charleston County shall not contract for any work or purchase any 
goods or commodities in excess of five hundred ($500.00) dollars without first 
having advertised for sealed bids for the said work or commodities. The said 
advertisements to appear at least twice in a daily newspaper published in 
Charleston County and at least five (5) days before the date set for opening 
of the bids. Said advertisement shall set forth the class, type, kind, quality, 
and quantity of commodities desired and/or the nature, location, class, type 
and kind of work desired, and the amount of deposit required with such bids. 
Said sanitary and drainage commission shall give the work (or purchase the said 
commodities) to the lowest qualified bidder with the right to reject any and 



157 Code of Laws of South Carolina § 4077-2 

all bids : Provided, however, Where two or more independent bids equal in 
amount are received, preference shall be given to bidders residing in Charles- 
ton County or having their principal place of business in said county when in 
the opinion of the said commission the said bidders are equally qualified to 
perform the contract bid upon, nothing herein to be constructed as prohib- 
iting the said commission from rejecting any and all bids. 1932, XXXVII, 1211. 
This section is new, 1932 Acts, p. 1211. 

§ 4077-1. Treasurer Pay Salaries of County Officers and Employees for 
January, February and March Each Year. — The treasurer of Charleston County 
is hereby authorized, empowered and directed to pay the salaries of Charleston 
County officers and employees for the months of January, February and March 
of each year, the same to be paid upon the usual warrants which said warrants 
are hereby required to be issued. The payment of all salaries of Charleston 
County officers and employees shall be made upon the basis of ninety (90%) 
per cent of the respective salaries of the preceding year as set forth in the 
Charleston County supply act. The amounts paid hereunder shall be charged 
against the respective salaries fixed and provided in the county supply act 
for the year of said payments, and the balance due each officer and employee 
shall be paid in equal monthly installments after the approval of the county 
supply act. In the event the treasurer of Charleston County shall not have 
sufficient funds available to pay the salaries as provided hereinabove, then 
the said county treasurer is hereby authorized and empowered to borrow upon 
the credit of the county of Charleston a sufficient amount of money to meet 
the requirements hereof and to issue note or notes for such sums so borrowed, 
the same to be paid out of taxes for the current year. 1933, XXXVIII, 408. 

This section added by 1933/408. 

§ 4077-2. Officials Receiving Fees Pay Portion to Treasurer — Keep and 
File Records of Same. — Every officer and employee of the county of Charles- 
ton, who receives fees by law for the performance of various duties and ser- 
vices in his official capacity, is hereby required to keep accurate and detailed 
records of such fees accrued or received, and to file in the office of the county 
treasurer of Charleston County on or before the tenth (10th) day of each 
month, after the approval hereof, a statement made under oath before any 
person authorized by the laws of this state to administer oaths, showing; (a) 
the gross amount of such fees accrued or received during the previous calendar 
month; (b) the expenses paid during such calendar month by said officer or 
employee from such fees for the operation of their respective offices or for 
county purposes, specifying the same; (c) the unpaid amount of such fees as 
may have been handled on credit by said officer or employee; (d) the net 
amount of the fees for said month actually received by said officer or em- 
ployee, which net amount shall be the gross amount referred to in subdivision 
(a) hereof, less the amounts referred to in subdivisions (b) and (c) hereof. 
In every such statement filed after the statement filed on the tenth day of 
the month next following the approval hereof, there shall be added to the 
net amount referred to in subdivision (d) hereof the total amount collected 
during the calendar month covered by such statement of such fees as may 
have been handled on credit in any previous month; and the total thus se- 
cured shall be the net amount as to such statements. Such statements shall 
be preserved by said county treasurer and made available to the senator and 
members of the house of representatives for Charleston County or any of them, 

11— s. c. c. 



§ 4077-3 1934 Supplement 158 

upon request, and any or all of said records may be made public upon the 
authorization and direction of a majority of the whole legislative delegation 
for said county. At the time of the filing of such statements, the officer or 
employee shall pay to the county treasurer of Charleston County an amount 
equal to ten (10%) per cent of the net amount set forth in his statement, which 
payment shall be funds in the hands of said county treasurer for ordinary 
county purposes. Provided, however, That officers and employees who receive 
no salaries shall make the payments provided and required herein only after 
their respective gross fees collected shall total three thousand ($3,000.00) dol- 
lars, and such payments shall be made on the net amounts shown in the state- 
ments filed for the period from and after the date on which the said total 
of three thousand ($3,000.00) dollars shall have been reached. Provided, fur- 
ther, This section shall not apply to the magistrates of Charleston County. 

1933, XXXVIII, 513. 

This section added by 1933/513. 

§ 4077-3. License to Sell Food, Fruit, Produce or Merchandise from Motor 
Vehicles in Charleston County. — It shall be unlawful for any person, firm 
or corporation to sell or offer for sale from any motor vehicle in Charleston 
County any food, fruit, produce or merchandise without first having secured 
a license for the calendar year of such sale or offer for sale from the treasurer 
of Charleston County to carry on said business, for which there shall be a 
fee charged by the said treasurer in the sum of twenty-five ($25.00) dollars 
for the first motor vehicle used in said business and a fee in the sum of 
seventy-five ($75.00) dollars for the second motor vehicle used by said per- 
son, firm or corporation in said business and a fee in the sum of one hundred 
($100.00) dollars for each and every motor vehicle over two used by any per- 
son, firm or corporation in said business. Any person, firm or corporation 
selling or offering for sale any food, fruit, produce or merchandise from any 
motor vehicle in Charleston County without first securing said license herein 
mentioned shall be punished by imprisonment not exceeding thirty (30) days or 
fined not exceeding one hundred ($100.00) dollars, or both. 1933, XXXVIII, 
520. 

This section added by 1933/520. 

Cherokee County 

§ 4078. County Board of Commissioners. — * * * In event of a vacancy 
occurring on the said county board of commissioners, by reason of death or 
from any other cause whatsoever, whether in the office of supervisor or town- 
ship commissioner, such vacancy shall be filled by appointment of the Gov- 
ernor upon recommendation of a majority of the legislative delegation of 
Cherokee County. The person so appointed to fill any such vacancy shall 
hold office until the next succeeding general election after his appointment, 
at which election his successor shall be elected for the remainder of the un- 
expired term by a majority of the qualified electors as in this section provided 
for the election of such supervisor and township commissioners for a full term. 

1934, XXXVIII, 1215. 

The above added to this section by 1934/1215. 

§ 4082. Clerk — Bond of Commissioners and Clerk. 

The bond of each commissioner increased section 4121-1. 
to $1,000.00 from $500.00, 1933/233. See 



159 Code of Laws of South Carolina § 4131 

§4120. Sinking Fund Commission.— * * * (13) Further Powers and 
Duties.— In the event it shall become necessary, in the judgment of the sink- 
ing fund commission, to sell at public or private sale any collateral or chose 
in action, pledge or hypothecated to secure any note or other obligation held 
by the said commission, in order to apply the same to any debt thereby se- 
cured, the sinking fund commission is hereby given authority to purchase 
such collateral or chose in action, for and in the name of the sinking fund 
commission, at such sale, if, in the judgment of the said sinking fund com- 
mission, or a majority of them, the price offered at such sale shall be materially 
less than the fair market value of the said collateral or securitv, and hold the 
same until such time as market conditions shall appear to them more favorable 
for sale; and in the event of foreclosure by the sinking fund commission of 
any real estate mortgage held by it as security for any debt or obligation the 
sinking fund commission shall also have power and authority to purchase at 
any sale of such real estate the mortgaged property, just as in the case of 
personal property, security or collateral, as prescribed hereinabove; and the 
said commission is hereby further authorized and empowered at any time, 
when 111 their judgment market conditions are favorable, to sell and convey 
any such personal property or real estate that they may have purchased at any 
sale, as provided herein, and to execute good title to the property conveyed in 
fee simple to the purchaser, upon compliance with the terms of sale. In the 
sales of any real estate by the commission as herein authorized, such sales 
may be made upon such terms as in the judgment of the sinking fund com- 
mission may obtain the best prices. 1932, XXXVII, 1288. 

Subsection 13 is new, 1932/1288. 

§ 4121-1. Bonds of County Officials.— (1) Amount.— The amounts of 
bonds of various county officers in this state shall be as now provided by law, 
except in Cherokee County, the county officers of said county shall furnish 
surety bonds conditioned upon the faithful performance of their respective 
duties in the following respective amounts: Supervisor, $10,000.00; sheriff, 
$5,000.00 ; probate judge, $10,000.00 ; auditor, $4,500.00 ; tax collector, $5,000.00 ; 
assistant tax collector, $5,000.00 ; superintendent of education, $1,000.00 ; county 
treasurer, $30,000.00; clerk of court, $10,000.00; magistrates, each, $2,000.00; 
county commissioners, each, $1,000.00; sinking fund commissioners, each, 
$10,000.00; assistant to county treasurer, $10,000.00; assistant to clerk of court, 
$5,000.00; clerk to board of county commissioners, $10,000.00. 

(2) Payment of Premiums. — The premiums on said bonds shall be paid 
by Cherokee County, but no premium shall be paid by said county for bonds in 
excess of the above required amount except the premium on those bonds here- 
tofore given which may be in excess of said amounts shall be paid by said 
county. Any of said officers who have heretofore given bond in excess of the 
above required amount shall if possible have such bond reduced to the amount 
above required, and in the event of any such bond being reduced any return 
premium shall accrue to said county. 1933, XXXVIII, 233. 

This section added by 1933/233. 

Chester County 

§ 4131. Commutation Road Tax. — All able-bodied male persons between 
the ages of twenty-one and fifty, both inclusive, on March 1st of any year 
residing in Chester County, not exempt under the general law, except those who 



§ 4131 1934 Supplement 160 

are required to perform road duty or pay commutation tax in incorporated cities 
and towns, shall be subject to road duty and shall be required to perform or cause 
to be performed annually three (3) days' labor upon the roads of the county in 
the subdivision of the county with respect to roads and highways in which he 
shall reside: Provided, All persons subject to road duty may in lieu of per- 
forming such labor pay to the county treasurer the sum of one ($1.00) dollar, 
which shall be due when other county taxes are due, and which shall be included 
in the taxpayer's return to the auditor and shall be paid to the county treas- 
urer as and when other taxes are paid. If the tax is not paid when due 
the defaulting taxpayer shall be subject to the terms and penalties provided 
in this section. The names of all persons subject to road duty herein specified, 
who shall fail to pay the commutation tax specified herein when due, shall 
be transmitted by the county treasurer to the board of county directors, who 
shall proceed as herein specified to require these delinquent road taxpayers 
to perform the road work herein required; and all persons subject to road 
duty who shall fail to pay the commutation tax herein provided when due 
shall be called out sometime during the remainder of the year following the 
last day of payment of such taxes, at such times as may be designated by 
the board of county directors to perform the number of days' labor above 
mentioned. It shall be the duty of the magistrate and the magistrate 's con- : 
stable in each township to cooperate with the board of county directors and 
road supervisor in the enforcement of the law relating to the commutation tax 
and the collection of said tax after the taxpayer shall be in default. In all cases 
when magistrate's constables shall collect this commutation tax after default 
without warrant having been sworn out and criminal prosecution entered, he 
shall be entitled to receive and collect a fee of one ($1.00) dollar for said ser- 
vice to be paid as costs by the delinquent taxpayer; and in all cases where 
criminal prosecution is instituted before a magistrate, the magistrate shall 
be entitled to a fee of one ($1.00) dollar and the constable a fee of one ($1.00) 
dollar to be retained by them out of any fines imposed or amount collected 
by them from delinquent taxpayer over and above the one dollar due county 
for road tax: Provided, further, That any person claiming exemption from 
the provisions of this section on account of physical disability shall be re- 
quired to furnish a certificate of disability dated within sixty days of its 
presentation from one regular reputable physician and shall, in addition, file 
with the county board of directors an affidavit showing that he is not finan- 
cially able to pay said commutation tax; if he be physically unable to per- 
form the duties required of him but financially able to pay the tax, he shall 
be required to pay the tax notwithstanding his physical disability. Any per- 
son liable to the performance of such road work herein specified who has 
failed to pay the tax when due, failing to do such work when required by the 
board of county directors or their duly selected representatives, shall be guilty 
of a misdemeanor and, upon conviction, be imprisoned for not more than thirty 
days or for a fine of not more than thirty ($30.00) dollars. 1933, XXXVIII, 73. 

This section amended by 1933/73. A com- to the county board of directors ; and per- 

parison of this section as amended with sons claiming exemptions from said tax on 

the former section in the 1932 code is sug- account of disability required to furnish 

gested. A few of the changes made by the certificate dated within 60 days of its pre- 

said 1933 Act are: may perform 3 days sentation. There are several other minor 

road work in lieu of 6 days ; road tax fixed changes, 
at $1.00 instead of the amount being left 



161 Code of Laws of South Carolina § 4145 

§ 4138-1. County Peace Officers Accepting Check or Draft as Payment 
of Fines, Etc., Liable for Payment. — Whenever any magistrate, sheriff, deputy 
sheriff, constable, rural police, industrial deputy sheriff, industrial constable, 
or any other peace officer, of Chester County shall accept any check or draft 
for any penalty, fine, or bond for the appearance of any one in any court of 
Chester County charged with any offense ; or accept any check or draft for 
the release of any motor vehicle, or any other vehicle or other property used 
in violation of the prohibition law, such officer shall be personally responsible 
for the collection of such check or draft so taken ; and if such officer shall fail 
to make good such check or draft, if and when same is dishonored, the board of 
county directors of Chester County is hereby authorized and directed to de- 
duct the amount of such check or draft from the subsequent salary or fees 
due by the county of Chester to any such officer. 1932, XXXVII, 1181. 

This section is new, 1932 Acts, p. 1181. 

Chesterfield County 

§ 4145. Commutation Road Tax. — All able-bodied male persons between 
the ages of twenty-one and fifty-five, both inclusive, on the first day of Janu- 
ary of any year, residing in Chesterfield County not exempt by the general 
law except those who are required to perform road duty or pay a commuta- 
tion road or street tax in an incorporated town are hereby declared to be 
subject to road duty in Chesterfield County and are required to perform three 
days' labor upon the public roads of said county under the direction and 
supervision of the supervisor of roads of Chesterfield County, in the townships 
and, insofar as practicable in the school districts in which they reside : Pro- 
vided, nevertheless, That any person liable for the performance of such road 
duty may, in lieu of the rendition of such service, pay unto the county treas- 
urer on or before the first day of January next succeeding the year in which 
said road duty should have been performed, the sum of two and 25/100 ($2.25) 
dollars, and shall thereupon be released and discharged from the performance 
of said road duty. 

The county auditor of Chesterfield County is hereby directed and required to 
include the said tax of two and 25/100 ($2.25) dollars in the return of every 
taxpayer subject to perform road duty as is herein provided. If the said 
sum of two and 25/100 ($2.25) dollars is not paid on or before the first ~jy 
of January in the next succeeding year, the county treasurer shall forthwith 
make up a list by townships of such defaulting taxpayers and immediately 
transmit the same to the board of county commissioners. The board of county 
commissioners shall thereupon classify the said defaulting taxpayers by town- 
ships and, insofar as practicable by school districts, and with the advice and 
assistance of the supervisor of roads, plan and schedule the road work to 
be performed in the respective townships. The road supervisor shall sum- 
mons the said defaulting taxpayers for the performance of said road duty at 
such times after January first and such places as the board of county com- 
missioners, having due regard for the convenience of the said defaulting tax- 
payers, shall deem advantageous and practicable for the performance of said 
road duty. Such road duty shall be performed under the supervision and di- 
rection of the county supervisor of roads and in accordance with the rules and 
regulations of the board of county commissioners relating thereto. 

Any person liable for the performance of such road duty failing to pay 
said tax on or before the first day of January next after the year in which 



§ 4146 1934 Supplement 162 

the said road duty should have been performed, and failing to perform the 
said road duty when and as summoned and directed by the board of county 
commissioners, the county supervisor of roads, or their duly designated agent, 
overseer, or representative shall be deemed guilty of a misdemeanor and upon 
conviction shall be fined not less than ten dollars or more than fifty dollars, 
or be imprisoned for not less than ten days, nor more than thirty days. 

The supervisor of roads shall cause an arrest warrant to be forthwith is- 
sued for every person violating the provisions of this section and shall place 
same in the hands of the sheriff of Chesterfield County for execution. The 
sheriff of Chesterfield County is hereby directed and required to execute said 
warrants with all convenient dispatch and to return the said arrest warrants 
to the magistrates who issue the same with his return endorsed thereon or an- 
nexed thereunto, reciting the facts and circumstances with respect to the ex- 
ecution of the said arrest warrants or the cause of his failure to enforce the 
same, in case any of the said arrest warrants have not been duly executed. The 
magistrates of Chesterfield County shall on or before the first day of January 
in each year return the said arrest warrants issued by them to the board of 
county commissioners with a complete and detailed report as to the final dis- 
position of each case. The deputy sheriff and constables of Chesterfield County 
are hereby authorized, empowered, directed and required to enforce the pro- 
visions of this section under the direction and supervision of the sheriff of 
said county. In all cases where a criminal prosecution is commenced here- 
under the trial magistrate may, in his discretion, discontinue such prosecu- 
tion upon the payment of said tax of two and 25/100 ($2.25) dollars, and the 
cost of the action, which shall include a fee of one dollar for the sheriff, deputy 
sheriff; or constable who shall execute the said warrant and a fee of one dol- 
lar to the trial magistrate : Provided, That the sheriff or officer in whose hands 
the said arrest warrant has been lodged for execution shall be entitled to collect 
and receive from such defaulting taxpayer the sum of one dollar in addition 
to the said tax of two and 25/100 ($2.25) dollars where the same is collected 
before the commencement of a criminal action. Provided, further, That any 
person claiming exemption from the provisions of this section upon the ground 
of physical disability shall be required to file with the county auditor a cer- 
tificate of disability from a duly licensed physician residing in Chesterfield 
County and an affidavit that he is financially unable to pay the said tax, and 
if such person is plrysically unable to perform said road duty, but is finan- 
cially able to pay said tax of two and 25/100 dollars, he shall not be exempt 
from the provisions of this section. 1933, XXXVIII, 501. 
Prior to this section as amended, 1933/501, the road tax was $3.00. 
§ 4146. Levy for Road and Bridge Purposes. — Repealed by 1933 Acts, page 
348. 

§ 4148-1. Annual Audit. — The chairman of the board of county commis- 
sioners, the county attorney and the foreman of the grand jury of Chester- 
field County are hereby empowered, directed and required to select annually 
with the written approval of the comptroller general of the state of South 
Carolina and employ a competent certified public accountant or auditor to 
make an annual audit of the books, records, reports and such other matters 
as they shall deem advisable, of all county officers and county officials of 
Chesterfield County. The said audit made and completed as soon as practica- 
ble after July 1st, 1934, and as soon as practicable after the 1st day of July 



163 Code of Laws of South Carolina § 4186-1 

in each year thereafter. The said audit shall be presented to the county grand 
jury at the next term of court of general sessions for Chesterfield County held 
after the completion of same, and then filed in the office of the clerk of court 
of common pleas and general sessions in Chesterfield County and kept on file 
therein for the inspection of such persons as may be interested in said audit. 
1934, XXXVIII, 1597. 
This section added by 1934/1597. 

Clarendon County 

§ 4149. Road Tax. — All able-bodied male persons between the ages of 
twenty-one and sixty (60) years, inclusive in the county of Clarendon, shall 
be required annually to pay a commutation tax of two ($2.00) dollars in lieu 
of six days' work on the public roads of said county on or before the first 
day of December of each year, which tax must be paid by the person subject 
thereto, to the county treasurer, and on payment of which he shall receive 
a receipt showing the date, amount and purpose for which paid and signed 
by the county treasurer. 1933, XXXVIII, 150. 

Prior to 1933/laO the commutation road tax for Clarendon County was $3.00. 

§ 4186. Office Hours for Court House. — The officers in the court house of 
Clarendon and Georgetown Counties shall be kept open during such hours as 
the various officers of said county shall deem necessary and convenient in the 
public interest : Provided, That such offices may be closed one week day after- 
noon each week throughout the year if such closing be in the opinion of the 
various officers not inconsistent with the interest and convenience of the pub- 
lic. 1933, XXXVIII, 131. 

The words "throughout the year" after generally in the county seat are closed" by 
the word "week" in proviso was substituted 1933/131. 
for the words "when the business houses 

§ 4186-1. Load Limits for Vehicles. — (1) Commissioners to Prescribe — 
Publish. — The county board of commissioners of Clarendon County is hereby 
authorized and directed to prescribe load limits of vehicles using the county 
roads and bridges of said county, and said board may prescribe varying max- 
imum limits upon the different roads and bridges of the county : Provided, 
That when any limit is fixed and prescribed by said board it shall cause the 
same to be published in at least one newspaper published in said county once 
a week for not less than two weeks. 

(2) Penalty — Rights and Liability of County. — Any person, firm, asso- 
ciation or corporation which may violate any load limit prescribed by the county 
board shall be guilty of a misdemeanor and upon conviction therefor shall be 
punished by a fine of not less than ten ($10.00) dollars or more than one 
hundred ($100.00) dollars or imprisonment for not less than ten days or more 
than thirty days ; and any such violator of any load limit shall have no re- 
course against said county or any officer or agency thereof by way of claim 
for damages to person or property, or otherwise, but said violator shall be 
liable unto the county for the amount of any and all damages to any road 
or bridge of said county resulting from injury to any such road or bridge 
resulting from a load in excess of any prescribed limit, which damages may 
be recovered in an action in the name of the county in any court of competent 
jurisdiction. 1933, XXXVIII, 388. 
This section added by 1933/388. 



§ 4210 1934 Supplement 164 

Colleton County 

§ 4210. Collection.— It shall be the duty of the auditor of Colleton County 
to list in a separate book, to be furnished by the county board of commissioners, 
the names of, and amounts due from, all parties who are under the law liable 
for the payment of poll and/or road taxes in Colleton County, which book 
shall be known as the "Poll and Commutation Road Tax Book," of Colleton 
County. The county auditor shall deliver this book to the county treasurer 
of Colleton County not later than August 1st of each and every year and it 
shall be the duty of the county treasurer to open said book for the collection 
of road and/or poll taxes not later than August 1st of each year. The county 
treasurer shall deliver to the taxpayers, paying said road and/or poll taxes, 
appropriate official receipt, which receipt shall be sufficient evidence of the 
payment of the poll tax as to entitle the holder thereof, if otherwise qualified, 
to vote in all general elections. It shall be the duty of the county treasurer 
to collect the road and/or poll taxes at the same time. The county treasurer 
shall keep the "Poll and Commutation Road Tax Book of Colleton County 
open for the collection of road and/or poll taxes until the 15th day of Oc- 
tober in each and every year and all road and/or poll taxes in Colleton County 
shall become delinquent and the failure to pay the same shall incur all pen- 
alties as now provided by law, after October 15th, 1933, and of each succeed- 
ing year thereafter. Immediately after October 15th, 1933, and of each 
succeeding year hereafter the county treasurer shall certify to the magis- 
trates of Colleton County the names of every road and/or poll taxpayer who 
may be delinquent in the payment of said taxes on the said date, and said 
certificate shall be prima facie of the failure to pay said taxes. It shall 
be the duty of said magistrates forthwith to issue warrants as now 
provided by law against all delinquent parties for the road and/or poll 
taxes due by them and said warrants shall be lodged for service with 
the office of the sheriff and/or the constables of Colleton County who shall 
forthwith proceed to serve them. Upon conviction for failure to pay said 
road and/or poll taxes the said magistrates shall impose the fines or im- 
prisonment as now provided by law. There shall be no cost collected by the 
county treasury in connection with the issuance and collection of road and/or 
poll tax warrants but the officer actually collecting said road and/or poll 
tax warrants is hereby permitted to collect from the defaulting taxpayer the 
sum of one dollar ($1.00) to cover all costs and mileage in connection with 
said collection. The said one dollar ($1.00) cost shall be paid into the county 
treasury if the collection be made by an officer who is now required by law to 
pay his fees into the county treasury but if said collection is made by officers 
who are not required to pay their fees into the treasury, then, said officers 
may retain the one dollar ($1.00) fee so collected for the expense of said col- 
lection. If upon service of the warrant for the failure to pay road and/or 
poll taxes the delinquent taxpayer shall pay to the constable or sheriff or dep- 
uty sheriff the amount due for said road and/or poll taxes, the constable and/or 
sheriff and/or deputy sheriff are hereby authorized to accept the payment 
of the same, issue receipt therefor, and no fine or costs or expense or sen- 
tence of imprisonment shall be imposed. If, however, the delinquent tax- 
payer refuses or fails to pay the same upon the service of the warrant, the 
magistrates shall proceed to impose sentence as now provided by law upon 
proof of said case: Provided, however, That in case the defaulting road 



165 Code of Laws op South Carolina § 4225-1 

and/or poll taxpayer returns real and/or personal property for taxation, 
execution against said property may also be issued by the county treasurer 
for the collection of said road and/or poll tax, or said items may be entered 
in any tax execution issued for the collection of taxes due on said real and/ 
or personal property. 1933, XXXVIII, 473 ; 1934, XXXVIII, 1326. 
This section was superseded by 1933/473 ; 1934/1326. 

§ 4225-1. Compensation of Auditor, Clerk of Court, Probate Judge, Sheriff, 
and Treasurer — Collection of Fees. — (1) Receive Salaries in Lieu of Fees — 
Pay Fees into General Fund. — In lieu of the retention of all fees, mileage, 
costs and commissions including fees for searches and/or certificates, under 
the law which the county treasurer, county auditor, clerk of court, judge of 
probate, and sheriff of Colleton County might otherwise be entitled to col- 
lect for their own use, and of any and all sums paid them on account of com- 
pensation or otherwise for their official services, the said officers of said county, 
beginning the 1st day of January, 1934, and continuing from year to year 
thereafter, shall be paid the salaries provided, and hereafter such salaries 
as may be prescribed by the general assembly and annually appropriated by 
it for such purpose, and shall have such clerical or other assistance as may be 
so provided. And all of said fees, mileage, costs, commissions and compensa- 
tion including fees for searches and/or certificates, shall be paid into the gen- 
eral fund of the county treasury by each of them, respectively. 

(2) Collection of Fees — Settle Monthly. — All costs, commissions, fees 
and mileages as required by law to be paid to the aforesaid officers, and ac- 
cruing to them by virtue of their said offices, shall be charged and paid in 
advance, and all such costs, fees, mileages and commissions collected by the 
aforesaid officers shall be by the official collecting the same paid over to the 
treasurer of Colleton County, on or before the 5th day of each month succeed- 
ing the month in which collected; and at the same time, the said officer shall 
file with the treasurer a verified, itemized statement of said collections, in 
duplicate, on blanks approved by the treasurer and furnished by the county 
board of commissioners. The county treasurer, upon receipt of said duplicate 
statements, shall endorse thereon the fact and date of said filing, and shall rede- 
liver one thereof to the official so filing the same, who shall retain the same as a 
permanent record of his office, subject to inspection. 

(3) Penalties. — Any official violating any of the provisions of this sec- 
tion shall be subject to the payment of a fine of not exceeding five hundred 
($500.00) dollars, or imprisonment for a term not exceeding six (6) months, 
and shall be subject to removal from office by the Governor, and the official 
bond of such official shall be responsible for the collection of all of said fees, 
mileages, costs and commissions, and for their full payment over to the county 
treasurer in the manner aforesaid. Each of said officials shall keep a full 
and accurate itemized statement showing the fees, mileages, costs and commis- 
sions collected, or to which he might be entitled, and the amounts thereof paid 
over to the county treasurer, which said account shall be accessible for inspec- 
tion and audit at all times. 

(4) Court Costs — Payment — Collection. — Any litigant in the courts of 
common pleas or general sessions of Colleton County shall not be required 
to pay in advance any fee for the filing of the necessary papers in the office 
of the clerk of court, and the payment of all costs may await the final out- 
come of the action and shall be taxed against the losing party and upon said 



§ 4225-1 1934 Supplement 166 

taxation being had, all costs properly taxable shall be taxed in accordance 
with law: Provided, however, That no judgment shall be entered by the 
clerk of court for Colleton County until the costs then accrued have been paid : 
Provided, further, That where complaint has been filed, upon settlement of said 
case a certificate of the clerk of court that the costs have been paid shall be 
necessary before said settlement shall be valid : Provided, however, That all 
costs and fees in actions of foreclosure of mortgages of real estate, or other 
liens on real or personal property, and in actions for partition of real estate 
through a sale thereof, may be taxed and paid out of the proceeds of sale 
of the property by the officer making the said sale. 

(5) Extend Credit to Governmental Agencies. — Reasonable credit may 
be extended by the clerk of the court to the government of the United States, 
and the state of South Carolina, and any department or subdivision thereof, 
for fees, costs or commissions which might otherwise be payable in advance by 
them. 

(6) Pay Salaries Only After Monthly Statements Filed. — Upon the 
filing of such sworn, itemized statement by said officers, and it appearing cor- 
rect in form to the said treasurer, the payment of the sum thereby sworn to 
be due having been made, the treasurer shall certify to the county board of 
commissioners that such officer has prima facie complied with the provisions 
of this subsection, and until receipt of such certificate is had the said board 
shall not issue any warrant to any county officer affected hereby for his salary 
for the preceding month ; said sworn, itemized statements shall be filed on or 
before the 5th day of each month succeeding the month in which said fees, 
mileages, costs and commissions may have been collected. And in the event 
that any officer has not collected any ices, mileages, costs or commissions for 
said period, he shall nevertheless file a sworn statement to that effect, and 
until said sworn statement is so filed and so certified to the county board of 
commissioners by the county treasurer, his salary shall not be paid to him 
as aforesaid. 

(7) Removal of Officers. — Any wilful or intentional violation of any of 
the provisions of this act by any of said officers shall be deemed and taken as 
a ground for removal from office by the Governor, in the manner now pro- 
vided by law for the removal of officers by the Governor. 

(8) Itemized Expenses of Sheriff's Office. — Before any of the appro- 
priation for expenses of the sheriff and his deputies, which may be annually 
provided, shall be approved or paid to the sheriff or his deputies the same 
shall be itemized in writing as to dates, names, occasions and distances and 
be sworn to by the sheriff, unless such expense shall have been incurred by a 
deputy or other officer serving under or for the sheriff in which event such 
statement shall be sworn to by the officer or deputy actually incurring the 
same and be approved in writing by the sheriff. The expenditure of said 
travel allowances shall be limited to actual travel on said official business at 
the rate of five cents ($0.05) per mile and no constructive mileage shall be 
charged. 

(9) Liability of Officers for Collection of Fees. — Where provision is 
made by statute for the charge of fees, mileages, costs or commissions for any 
service on the part of either of said officers, it shall be the duty of such officers, 
except as herein otherwise permitted, to collect such fees, mileages, costs or 
charges in advance, and should he fail to do so he shall be personally liable 



167 Code of Laws of South Carolina § 4228 

therefor, and he is hereby required to make payment thereof as if he had 
collected the same. Provided, nevertheless, That the sheriff be allowed to re- 
tain the fees for dieting federal and county prisoners, and any compensation 
paid by the state hospital or state penitentiary for the conveying of lunatics 
or prisoners. 

(10) Collection of Tax Executions. — It shall be unlawful in the col- 
lection of tax executions, or in efforts to enforce the same, for any officer or 
deputy charged with the collection or enforcement of the same, to collect 
from any defaulting taxpayer any sum of money, or to receive from said de- 
faulting taxpayer anything of value, unless the sum or thing of value so re- 
ceived is credited on the said tax execution. 

(11) Fees for Tax Executions. — On all tax executions in Colleton County 
issued for the year 1932 and thereafter there shall be charged a fee of only 
fifty cents (50c) to the county treasurer and fifty cents (50c) to the sheriff, 
and no mileage whatsoever shall be collected from any delinquent taxpayer 
for collection of tax executions, to the end that the only costs or expenses ac- 
cruing on a tax execution against a delinquent taxpayer prior to advertise- 
ment and sale, shall be the sum of one ($1.00) dollar. 1934, XXXVIII, 1617. 

This section added by 1934/1617. 

Darlington County 

§ 4227. Board of County Directors. — Board of county directors of Dar- 
lington County, to consist of five members, is hereby created. 1933, XXXVIII, 
194. 

The last sentence of this section in 1932 for appointment of directors for Darling- 
Code superseded by 1933/194. See § 4228 ton County. 

§ 4228. One Member of Board of Directors to be Appointed from Each of 
Five Districts. — The county of Darlington is hereby divided into five districts 
as follows : District no. 1, to be composed of all of that territory included in 
Darlington and Palmetto townships ; district no. 2, to be composed of all of 
that territory included in Hartsville and Clyde townships; district no. 3, to 
be composed of all of that territory included in Lamar and Lydia townships 
and Lake Swamp school district ; district no. 4, to be composed of all of that 
territory included in Leavensworth, Society Hill, Mechanicsville and Antioch 
townships; district no. 5, to be composed of all of that territory included 
in High Hill and Swift Creek townships and Philadelphia school district, 
and one member of the county board of directors shall be elected from each 
of said districts by the qualified electors of said district in the general elec- 
tion of 1934, and in each general election thereafter, to serve as members of 
said county board of directors for a term of two years beginning January 
1st, 1935, after said election and until his successor shall have been elected 
and qualified. The members of said board for the term commencing in 1933 
and ending January 1st, 1935, shall be appointed by the Governor upon the 
recommendation of a majority of the delegation in the general assembly from 
Darlington County; and in case of a vacancy on said board after January 
1st, 1935, it shall be filled by the Governor upon the recommendation of a 
majority of the delegation in the general assembly from Darlington County. 
1933, XXXVIII, 194. 

By 1933/194 the territory of the districts tion of one director from each district ; time 
to elect directors for Darlington County for commencement of term of office; term 
were made more definite and certain ; elec- fixed ; and filling of vacancies. 



§ 4241 1934 Supplement 168 

§ 4241. Commutation Road Tax. — All able-bodied male persons between 
the ages of 21 and 60 years, both inclusive, residing in Darlington County, 
not exempt under the general law, except those who are required to perform 
road duty or pay a commutation tax in incorporated cities or towns, shall 
be subject to road duty, and shall be required to perform or cause to be 
performed annually three days' labor upon the public roads of the county 
in the subdivision of the county with respect to roads and highways in which 
he shall reside : Provided, All persons subject to road duty may in lieu of 
performing such labor pay to the county treasurer on or before the first day 
of January of each year, by way of commutation tax, the sum of one dollar. 
All persons subject to road duty who shall fail to pay the commutation tax 
herein provided before January first of each year, shall be called out and re- 
quired to labor or to furnish an acceptable substitute for the required number 
of daj^s each year at the discretion of the county engineer or his duly au- 
thorized deputy or agent, and under such rules and regulations as the board 
of county directors of Darlington County may prescribe. Any person or per- 
sons liable to road duty who shall fail or refuse, without lawful excuse, to 
appear and render the service required of him in person or by substitute after 
receiving twenty-four hours' notice or warning in writing of the time and place 
he is to report for duty, shall be guilty of a misdemeanor, and punishable 
by a fine of not exceeding twenty-five ($25.00) dollars or imprisonment at 
hard labor not exceeding thirty (30) days. 1933, XXXVIII, 225. 

By 1933/225 the number of days of road 1 : and the amount of road tax decreased 
duty was reduced from (i to 3; time to pay to $1.00 from $3.00. 
road tax changed from April 1 to January 

§ 4253-1. Collection of Fees by Probate Judge — Salary. — (1) Compen- 
sation. — In lieu of the retention of all fees, costs and charges t lie judge of 
probate of Darlington County is entitled to collect under the general laws as 
well as under special provisions in the general laws, and of any and all sums 
paid him on account of compensation or otherwise, the said officer of said 
county shall be paid such salary as may be prescribed by the general assembly 
and annually appropriated by it for such purpose, and shall have such clerical or 
other assistance as may be so provided. 

(2) Collect Fees in Advance — Keep Accounts. — The said county officer 
shall separately keep in duplicate accurate and completely itemized accounts 
of all fees collected, which shall in all cases (other than judicial sales), be 
collected in cash in advance, except that reasonable credit terms may be ex- 
tended to the government of the United States, the state of South Carolina, 
and any department or subdivision of either, and on or before the tenth day 
of each calendar month he shall deliver one copy sworn to by said officer, re- 
spectively, to the treasurer of said county together with payment to said treas- 
urer in full of all fees, costs and charges collected during the preceding cal- 
endar month. 

(3) Filing of Statement and Payment of Fees to Treasurer Necessary 
to Receive Salary. — Upon the filing of such sworn, itemized statement and 
it appearing correct in form to the said treasurer and payment of the sum 
thereby shown to be due having been made, the treasurer shall certify to the 
county board of commissioners that such officer has complied with the pro- 
visions of this section and until receipt of such certificate the said board shall 
not pay to any county officer affected hereby his salary for the preceding month. 



169 Code of Laws of South Carolina § 4268-1 

(4) Forms for Statements — Each Officer and Treasurer to Keep Copies 
for Permanent Records. — The forms for the account and statement and the 
certificate hereby required may be prescribed and furnished by the county 
board, and each officer required to keep and submit such shall retain one copy 
of each monthly statement as a permanent public record of his office, and the 
treasurer shall likewise preserve as a permanent and public record of his office 
the sworn monthly statement submitted to him by each officer, the same to be 
filed in an orderly manner and readily accessible. 

(5) Penalty for Violations. — Any wilful or intentional violation of any 
of the provisions of this section by any officer of Darlington County shall be 
deemed to be a misfeasance in office and ground for removal therefrom and 
shall be a misdemeanor and upon conviction thereof any officer so convicted 
shall be subject to a fine not exceeding five hundred ($500.00) dollars or 
imprisonment for not exceeding one (1) year, or both, in the discretion of the 
court. 1932, XXXVII, 1463 ; 1934, XXXVIII, 1240. 

This section is new, 1932/1463; 1934/1240. 

§ 4253-2. Collection Fees by Auditor, Clerk, Sheriff, Treasurer — Salaries. — 

All costs and fees now allowed by law to the treasurer, sheriff, clerk of court 
and auditor of Darlington County for recording any papers or documents, 
or for serving any papers, executions, court order or other process, or for doing 
or performing any duty required of them by law, shall be paid in advance 
of the recording of such papers or of serving any papers or process or per- 
forming any such duty, to the treasurer of Darlington County, or some au- 
thorized clerk in his office, who shall indorse by stamp on all such papers, 
documents or processes the words "Fees and costs paid," together with the 
amount thereof and the date of payment and no such paper, document or 
process or duty, shall be recorded, served or performed, as the case may be, 
by any county officer charged therewith unless the indorsement appears as 
herewith required. The salaries of the officers named herein shall be such as 
may be fixed and appropriated annually for that purpose by the general 
assembly. 1934, XXXVIII, 1240. 
This section added by 1934/1240. 






Dillon County 

§ 4258. Road Supervisor. — * * * The regular term of office of the 
road supervisor of Dillon County shall be for a period of four years beginning 
January 1, 1935. 1934, XXXVIII, 1201. 

The above sentence comes from 1934/1201. 

The language of § 2811 and this section Those terms harmonize with the general 

permit the treasurer of Dillon County to provision contained in section 7862, where- 

accept pledges of assets for deficits, form by a treasurer, as well as any other de- 

§ 2811 the word "collateral" was used, and positor, has the right to make terms as 

in § 4267 the word "security" was used, and to his deposits. (See notes under § 7S62). 

the meaning of each word is large enough Temple v. McKay, 172 S. C, 305 ; 174 S. E., 

to include bills receivable. The treasurer 23. 

and the bank had the lawful right to make This section and § 2811 must be construed 

agreements that assets would thereafter in connection with § 7S62. Id. 
be pledged for deposits that would be made. 

§ 4268-1. Issue Certificates of Indebtedness. — (1) When. — Whenever it 
is impossible to pay in cash for the operating expenses of Dillon County as 
provided by law, or as ordered by written instructions of the county legis- 
lative delegation filed with the county treasurer, either because of the non- 



§ 4299-1 1934 Supplement 170 

collection of taxes or the inability to borrow money in anticipation of the pay- 
ment of current taxes, the county board of commissioners is authorized to re- 
quest from time to time the treasurer to issue temporary certificates of indebted- 
ness against the collection of said taxes and to deliver such certificates in 
lieu of cash to the officers, employees and creditors of Dillon County in the 
sum due: Provided, however, The authority herein conferred shall terminate 
at any time Upon written instructions to that effect by the county legislative 
delegation. Provided, That the amount of the certificates shall not exceed 
fifty thousand ($50,000.00) dollars, in any one fiscal tax year. 

(2) Execution — Denominations — Amount. — The treasurer shall thereupon 
issue and sign the said certificates in convenient amounts and denominations, 
not less than one nor more than one hundred dollars each, but in no case shall 
the total amount of such certificates exceed sixty-five (65%) per cent of the 
taxes in anticipation of the collection of which the said certificates are issued. 

(3) Issuance — When Negotiable. — The said certificates shall be originally 
issued to the individual officer, employee, or creditor of the said county, but 
upon endorsement by such payee shall be negotiable and the title thereto shall 
pass to subsequent holders by delivery with no further endorsement. Upon 
request, the treasurer or his depuly shall witness and attest such endorsement, 
which shall be conclusive evidence thereof. 

(4) Interest — Maturity. — Such certificates of indebtedness shall bear in- 
terest from the date of issuance until maturity at the rate of six (6%) per 
cent per annum, and each certificate shall bear on its face its date of maturity, 
not later than March 15, of the succeeding year, as shall be determined by the 
county treasurer. 

(5) Pay County Taxes With. — Such certificates shall be received by the 
county treasurer at any time in payment of taxes due Dillon County or any 
school district therein at the face value, plus accrued interest to the time of 
such receipt, 

(6) Payment. — The payment of the said certificates shall be secured by 
the taxes in anticipation of the payment of which the certificates were issued, 
and by the full faith, credit, and taxing power of the said county. Should 
the pledged revenue be insufficient to retire the indebtedness the auditor shall 
levy and the treasurer collect a sufficient tax to retire the said certificates. 

(7) Record. — The treasurer shall number and keep a record of all such 
certificates issued and upon payment of each it shall be cancelled by perfora- 
tion, and such payment be entered upon the record thereon. 

(8) "Action by Legislative Delegation" Defined. — Whenever reference 
is made herein to action by the legislative delegation it shall mean action by 
the senator and a majority of the representatives from Dillon County. 1934, 
XXXVIII, 1609. 

This section added by 1934/1609. 

Dorchester County 

§ 4299-1. Legislative Delegation May Change Annual Supply Bill. — The 

legislative delegation of Dorchester County is hereby given the authority and 
power to change such items in the annual county supply bill as in their judg- 
ment would be to the best interest of Dorchester County, and to deviate from 
the provisions thereof when and in such manner as they might deem best, with 
full power and authority to add to or deduct from any item in said county 



171 Code of Laws of South Carolina § 4316 

suppty bill. Upon the legislative delegation exercising the power herein 
granted, they shall give in writing to the county board of directors of Dorchester 
County their instructions in regard thereto, and the said county board of di- 
rectors is authorized and specifically directed to follow such written instruc- 
tions, copy of which said written instructions shall be filed likewise with the 
county treasurer, who is hereby directed to comply with same. If it be found 
that the annual county supply bill does not provide for all necessary items, the 
legislative delegation is hereby authorized and empowered to direct the county 
board of directors to issue vouchers for such items as the said legislative dele- 
gation shall consider necessary, and the county board of directors is instructed 
to follow such directions and issue said vouchers as and when instructed, and 
the treasurer of Dorchester County is hereby empowered and directed to 
pay such vouchers so issued from such funds as the legislative delegation may 
direct him so to do. The legislative delegation shall give these instructions in 
writing to the county board of directors filing a copy thereof with the treasurer of 
Dorchester County.' 1933, XXXVIII, 36. 
This section added by 1933/36. 

§ 4299-2. Sell Bonds or Notes Held by Treasurer — Expenditure of County 
Funds. — The members of the delegation in the general assembly from Dor- 
chester County, together with the county treasurer and the chairman of the 
board of directors are hereby authorized and empowered by resolution adopted 
by the majority thereof in meeting assembled, to dispose of or sell any bonds 
or notes now held, or which may hereafter be acquired by the county treas- 
urer of Dorchester County, for the benefit of Dorchester County. They may 
direct the expenditure of any funds realized on the sale of any bonds or notes 
as they may by such resolution direct, and they may in the same manner di- 
rect the expenditure of any other funds in the county treasurer's hands: 
Provided, however, That the authority herein conferred shall be strictly lim- 
ited to the disposition of such funds in the hands of the treasurer as, under 
existing law, may be applicable to general county purposes, and in no case 
shall be construed to embrace any funds due the state of South Carolina, 
school funds, sinking funds provided for by law. 1933, XXXVIII, 25. 

This section added by 3933/25. 

§ 4299-3 Treasurer Make Monthly Report. — The county treasurer of Dor- 
chester County shall on the first day of each calendar month made a written 
report of the preceding month to the chairman of the board of directors, 
showing all monies received, the source thereof, the fund to which the same 
has been placed, the amount paid from each fund, and the balance in the 
I county treasurer's hands apportioned to each fund, and any anticipated funds 
to be received by him to be credited to any special fund. Said report to be 
a full, itemized statement showing all monies received and disbursed and on 
hand. Any failure on the part of the county treasurer to comply with the 
provisions hereof shall be deemed misconduct in office. 1933, XXXVIII, b. 

This section added by 1933/5. 

Fairfield County 

§ 4316. Commutation Road Tax. — It shall be the duty of the county super- 
visor and of the county commissioners and of such township commissioners 
as may be hereafter appointed to see that all persons liable to pay commu- 
tation road tax, shall pay the same, and any and all persons in said county 



§ 4321 1934 Supplement 172 

liable to road duty (except ministers of the Gospel) shall pay an annual 
commutation road tax of one and 50/100 ($1.50) dollars; said tax to be charged 
by the auditor of Fairfield County against every able-bodied male person be- 
tween the ages of twenty-one and fifty years, inclusive, and shall be collected 
by the county treasurer of said county as other taxes are collected, and shall be 
expended on the roads in the townships or school district of the person pay- 
ing the same. In lieu of the commutation taxes herein provided for persons 
liable for same may work on the county roads in the township or school dis- 
strict in which such person may live; Provided, Said work shall be under the 
direction of the county supervisor. Any person liable to road duty and fail- 
ing to pay said road taxes or to do work herein required when being notified 
so to do by the county supervisor shall be guilty of a misdemeanor and upon 
conviction shall pay a fine of not less than three ($3.00) dollars nor more than 
five ($5.00) dollars, or to be imprisoned for not less than ten (10) days nor more 
than thirty (30) days in the discretion of the trial magistrate, and all fines col- 
lected for the non-payment of said commutation road tax or failure to per- 
form said work shall be credited to the road fund in the township where such 
party failing to pay or to work may reside. When a person electing to work 
the roads in lieu of paying the commutation road tax, when such work has 
been completed the county supervisor shall issue to him a receipt showing 
that such work has been done and such receipt, when presented to the county 
treasurer shall be a sufficient discharge of such person from the payment of 
the commutation tax herein provided for. 1933, XXXVIII, 318. 

By 1933/318 road tax for Fairfield provisions made to permit labor on roads 
County reduced from $3.00 to $1.50. Age in lieu of paying tax : and penalty for eva- 
limits changed from 18 to 55, to 21 to 50 ; sion reduced. 

§ 4321. Special Tax for Roads, Etc.— Repealed by 1933 Acts, page 208. 

Florence County 

§ 4351. Governing Board Established — Members — Nomination — Appoint- 
ment — Terms. — On and after January 1st, 1933, a governing board for Flor- 
ence County is hereby established to consist of six members, one from each 
commission district to be appointed by the Governor upon the nomination at 
the Democratic primary, as now provided by law for the members of the gov- 
erning commission, who shall hold their office for a term of two (2) years, 
beginning January 1st, 1933, and until their successors are appointed and 
qualified. 1932, XXXVII, 1441. 

Sections 4351-4363 superseded by 1932/ said act. 
1441. Present sections 4351-4361 come from 

§ 4352. Duties. — It shall be the duty of the said board to have general 
supervision and control of the business and financial affairs of the county and 
all warrants or vouchers issued in payment of claims against the county shall 
be executed by the members of the board after all the terms of §§ 4351-1 — 4351-12 
have been fully complied with. 1932 XXXVII, 1441. 

See note to section 4351. 

§ 4353. County Manager — Term — Removal. — On and after January 1st, 
1933, the governing board shall employ a county manager who shall hold office 
for a term of one year, who shall be subject to removal by the governing 
board at any time for just cause. 1932, XXXVII, 1441. 

See note to section 4351. 



173 Code op Laws of South Carolina § 4358 

§ 4354. Duties and Powers — Approve Purchase of Supplies, Etc. — The 

county manager shall have complete and exclusive control of the chaingang, 
roads, bridges, road and bridge maintenance and construction, poor farm and 
dieting of the prisoners at the county jail. The purchase of all supplies, equip- 
ment, machinery and material to be used in any department of the county 
in charge of the county manager shall be made by the governing board only 
after the purchase of such supplies, equipment, material and machinery shall 
be approved by and requisition made therefor by the county manager: 
Provided, That the county manager shall make an equitable distribution of 
road, bridge and chaingang work in the several commissioner districts of 
the county. 1932, XXXVII, 1441. 
See note to section 4351. 

§ 4355. Contract and Purchase of Supplies, Etc.— All supplies, equipment, 
material and machinery of every description whatever to be used by the county 
of Florence, any office or department thereof, and paid for out of the public 
funds of the county, shall be contracted for and purchased only after due ad- 
vertisement in the manner hereinafter provided. 1932, XXXVII, 1441. 

See note to section 4351. 

§ 4356. Advertise Quarterly for Bids for Supplies, Etc.— Each three (3) 
months the governing board of Florence County shall advertise for at least 
three weeks in at least three (3) issues of one or more newspapers in Flor- 
ence County, or such newspapers as will most likely give notice to the peo- 
ple dealing in such supplies, commodities, equipment or machinery to be pur 
chased, for bids based on delivery at Florence court house, or any other des- 
ignated locations, for all supplies, implements, equipment, material and ma- 
chinery of whatever kind that may be requisite or necessary for the county, 
and each and every office or department thereof, including convicts, roads, 
bridges and for every other purpose, which advertisement shall set forth the 
article and approximately the amount thereof to be purchased. Contracts 
shall be awarded to the lowest bidder for three (3) months and supplies under 
the contract shall be ordered out as needed by the county manager : Provided, 
however, That in case of emergency the county manager may make purchase 
for the county if the cost thereof does not exceed $50.00, and in event of such 
purchase, the county manager shall certify upon the claims therefor, the emer- 
gency requiring it : Provided, further, In case of emergency, an advertisement 
as hereinabove provided may be published at any time. All contracts to pur- 
chase supplies, equipment and machinery shall be in accordance with the pro- 
visions of this section, and no bill, account, or claim of any kind whatsoever 
against the county shall be paid unless previously contracted for by such 
competition, or by the county manager in case of specified emergency. 1932, 
XXXVII, 1441. 

See note to section 4351. 

§ 4357. Claims. — All claims against the county of Florence for material, 
supplies, equipment and machinery arising under, and to be paid for out of 
the appropriation for the departments of the county, in charge of the county 
manager shall be first approved by the county manager before being paid for 
by the governing board. 1932, XXXVII, 1441. 

See note to section 4351. 

§ 4358. County Manager to Make Monthly Report. — The county manager 
shall make a written report at the end of each month to the governing board 

12— S. C. C. 



§ 4359 1934 Supplement 174 

and the county delegation, showing the work performed during the month 
together with the expenditures therefor, and shall upon request attend such 
meetings of the governing board, at which the governing board shall desire 
his presence. 1932, XXXVII, 1441. 
See note to section 4351. 

§ 4359. Clerk — Duties — Office of County Manager. — The clerk to the gov 
erning board shall keep all records and books of the county manager, and 
otherwise act as clerk to said manager. The county manager shall use the 
office of the board in the Florence County court house. 1932, XXXVII, 1441. 

See note to section 4351. 

§ 4360. County Manager Under Supervision of Governing' Board — Pay- 
ment of Claims. — The county manager shall be under the control, supervision 
and direction of the governing board and each member of the board shall 
make himself familiar with the problems of his district and with the general 
affairs of Florence County, and shall at all times aid the county manager in 
the performance of his duties with advice and counsel ; it shall be the duty 
of the board to thoroughly audit and investigate every claim presented for 
payment against Florence County, and no warrant for the payment of the 
same shall be issued without a thorough audit and investigation and satis- 
factory proof of the justice of the claim and that it has been incurred pursuant 
to and under the provisions of the law. 1932. XXXVII. 1441. 

Sec note to section 4351. 

§ 4361. Governing Commission Abolished. — On and after January 1st, 
1933, the governing commission of Florence County is hereby abolished. 1932 
XXXVII, 1441. 

See note to 4351. 

§ 4362. Bond of Road Overseer of Commission. — Superseded by 1 '932 Acts, 
page 1^1. 

§ 4363. Office of County Supervisor Abolished — Duties Devolved. 

See note to 4.°>r>l. 

§ 4365. Compensation of Sheriff, Auditor, Treasurer, and Tax Collector. — 

(1) Schedule. — On and after January 1st, 1933, the salary of each officr 
of Florence County shall be paid in lieu of fees as follows : 

(a) Sheriff : The sheriff of Florence County shall receive the sum of twenty- 
four hundred ($2,400.00) dollars per annum payable in monthly installments 
of two hundred ($200.00) dollars each: Provided, That the sheriff shall receive 
as an additional salary all fees from the service of civil processes, witnesses in 
civil cases and executions ; civil processes to include jury venires. 

(b) Auditor and Treasurer : The auditor and treasurer of Florence County 
shall each receive the sum of four thousand ($4,000.00) dollars per annum, pay- 
able in equal monthly installments : Provided, however, That the county of 
Florence shall pay to the auditor and treasurer only such proportionate part as 
shall remain unpaid after the state aid received by such officers has been 
applied. 

(c) Tax Collector. — All mileage on tax executions in Florence County is 
hereby abolished and a collection fee of one and 50/100 ($1.50) dollars on 
each execution shall be charged in lieu thereof, which fee, in its entirety, shall 
be retained by the tax collector or his designated agent as compensation for 
his service. 



175 Code of Laws of South Carolina § 4374 

(2) Officers to Collect All Fees — Liable on Bond for Payment to 
County. — It shall be the duty of each officer to collect in cash all fees provided 
by law, and to keep a full and correct itemized account thereof, which shall be ac- 
cessible for inspection and audit at all times, and the official bond of each officer 
shall be responsible for the collection of all fees and a full accounting therefor. 

(3) Account and Deliver to Treasurer Fees Collected. — At the end of 
each calendar month, each officer of the county shall account for and deliver to 
the treasurer all fees collected during the month, and the treasurer shall keep 
on file in his office the monthly report of each office. 

(4) Fees to Go in General Fund. — All fees paid into the county treasury 
under the provisions of this section shall be placed by the treasurer in the gen- 
eral funds of the county to be used for general county purposes. 1932, XXXVII, 
1281 ; 1933, XXXVIII, 108, 553 ; 1934, XXXVIII, 1474. 

This section added by 1932/1281; 1933/ which it superseded. 
108. 553; 1934/1474; and replaces § 4365 

§ 4372. Annual Audit. — The grand jury of Florence County is hereby au- 
thorized, directed and required to annually contract for and secure an annual 
audit of the books of all public offices charged with the duty of collection or 
receipt of any funds and further to require an inspection, report and recom 
mendation of the records kept by all of the public officers of Florence County. 
The said grand jury shall on or by the fall term of court in each year after the 
passage of this section file with the clerk of court and with the governing 
commission copies of the audit and report so secured and obtained, which 
shall be kept on file in said offices and shall be open for inspection at any time. 
The grand jury shall make such recommendations to the court as it shall 
deem proper. 1932, XXXVII, 1173. 

By 1932/1173 the grand jury was author- 1933, the governing commission is abolished, 
ized to make annual audit instead of gov- 1932/1443. 
erning commission. Effective January 1, 

§ 4372-1. Office Hours for Certain Officers. — In the county of Florence 
the delinquent tax collector, the treasurer, the auditor, the judge of probate, the 
clerk of court, and the governing commission, shall keep their respective offices 
open for the transaction of business and for the inspection of records in their 
respective offices, from 9 o'clock a. m. until 1 o'clock p. in., and from 2:30 p. m., 
until 6 o'clock p. m. each and every day, Sundays, and legal holidays excepted. 
Nothing herein is intended to prevent the keeping of said offices open at other pe- 
riods of time than above required. Any of the above officials failing to keep their 
offices open at least for the hours stated herein, upon conviction by a court 
of competent jurisdiction of failing so to do, shall be fined not less than $10.00 
nor more than $100.00 or be imprisoned in the county jail or upon the public 
works of Florence County for a period of not less than five nor more than 
thirty days. 1933, XXXVIII, 322. 

This section added by 1933/322. 

Georgetown County 

§ 4374. Board of County Commissioners — Terms — Removal. — There shall 
be in and for Georgetown County a board of county commissioners composed 
of five (5) members who shall be appointed by the Governor upon the recom- 
mendation of the senator and at least one member of the house of representa- 
tives from said county, and who shall serve for two years and until their re- 



§ 4397 . 1934 Supplement 176 

spective successors are appointed and qualified : Provided, further, That any 

member shall be removed by the Governor upon the written request of the 

senator and at least one member of the house of representatives from said 

county. 1933, XXXVIII, 221. 

Prior to 1933/221 there were 7 members sioners, and one member was required from 
of Georgetown County board of commis- each township in the county. 

§ 4397. Bonds of County Officers. — All the county officers of Georgetown 

County are hereby required to give bond for the faithful performance of the 

duties of their respective offices in some bonding company or companies in 

good standing, doing business in this state, said bonds to be approved in 

the manner now provided by law, the premiums of said bonds to be paid 

by the county. 1933, XXXVIII, 224. 

The provisos to this section requiring to publish monthly disbursements were 
Georgetown County board of commissioners eliminated by 1933/224. 

§ 4400. Compensation County Officers and Employees. — The county of- 
ficers of Georgetown County shall receive the compensation as herein pro- 
vided, and such salaries shall be in lieu of all other fees or compensation either 
directly or indirectly from the county or state, except the sheriff who shall 
receive five (5c) cents per mile actual travel in serving legal processes exclusive 
of tax executions which are hereinafter provided for ; clerk of court $2,200.00 ; 
sheriff $2,350.00 ; county auditor $2,200.00 ; county treasurer $2,200.00 ; Provided, 
That the salary herein made for county auditor and treasurer shall be inclu- 
sive of the amount paid by the state; coroner, $100.00 and $10.00 for each in- 
quest held. All of the above salaries shall be per annum, payable monthly. 
The salaries hereinabove provided for shall be in lieu of all clerk hire and 
fees of whatever nature or description collected by them as now provided for by 
law, and all fees collected by any officer under the law now requiring such 
fees to be collected shall be turned over to the county treasurer of George- 
town County monthly, together with a statement from such officer properly 
verified, showing the amounts collected by him during the preceding month 
and also fees accruing to the office and not collected, a copy of said report 
shall be filed with the county commissioners at the same time it is filed in the 
treasurer's office and the county commissioners shall not pay any salary of any 
county officer who fails to file such report. The same fees as are now pro- 
vided for by law for the various services, recording, etc., in each office shall 
be collected in advance except as to recording judgments and pleadings : Pro- 
vided, That the clerk of court shall not enter up any judgment in any default 
case unless the cost of said cases as taxed by him are paid in full. And the 
said clerk shall not enter up judgment in any litigated case unless the cost 
as taxed by him be either paid or secured by a bond approved by him. Where 
a judgment or decree provides for the sale of real estate by the clerk or sheriff, 
the clerk may enter up judgment without payment or security or cost. Any 
officer failing to comply with the provisions hereof shall be immediately served 
with written notice by the county commissioners demanding such report, and 
if within ten (10) days after the service of said written notice the officer has 
failed to file this report he shall be removed from his office by the Governor 
upon request of the legislative delegation : Provided, further, That in addi- 
tion to the fees herein allowed the sheriff for serving legal civil processes, he 
shall receive five (5c) cents per mile for actual travel upon all tax executions, 
and warrants or other criminal process served outside of the county : Pro- 
vided, however, That the sheriff of Georgetown County shall pay over to the 






177 Code of Laws of South Carolina § 4406 

county treasurer monthly, to be placed in the general fund of the county, 

all mileage received for serving tax executions. 1932, XXXVII, 1119, 1460; 

1933. XXXVIII, 38; 1934, XXXVIII, 1608. 

This section added by 1932/1119, 1460; section 4400, 1932 Code. 
1933/38; and 1934/160S, and it superseded 

Greenville County 

§ 4406. Sinking Fund Commission. — (3) Organization— Transfers. — Im- 
mediately upon their appointment said commissioners shall meet and elect one 
of their number chairman and one secretary, and the county treasurer shall be 
ex officio member of said commission and as such shall be custodian of all the 
funds and securities, subject to such rules and regulations for their safety as 
may be prescribed by said commission, which rules and regulations when pro- 
mulgated shall be of the same force and effect as law. The funds of said com- 
mission which may be uninvested shall be deposited in such bank in Greenville 
County as may be designated by said commission in an account to be known as 
"Greenville County Sinking Fund," and shall only be withdrawn by checks or 
warrants duly signed by the treasurer and countersigned by the chairman of 
said commission : Provided, That all bonds or other evidence of indebtedness 
held by the commission, or which the commission may hereafter acquire, shall 
be registered as to principal in the name of the said sinking fund commission 
and the clerk of the court of general sessions and common pleas for Greenville 
County, ex officio, is hereby named and constituted the registrar for bonds and 
other evidence of indebtedness to the said commission. No transfer of any such 
obligation so registered shall be valid unless such transfer shall be duly registered 
on the register or registers for the same. In order to effect the transfer of any 
such obligation so registered, it shall be necessary for each and every member 
of the commission, in person, or by attorney or agent duly thereunto authorized 
in writing, to present the bond, or other evidence of indebtedness, to the reg- 
istrar, accompanied by a written instrument of transfer on a form approved 
by the said commission and the registrar, duly executed by the sinking fund 
commission. Upon the registration or transfer of any such bond, or other evi- 
dence of indebtedness, the registrar shall note the registration or transfer on 
the back of such obligation, or other suitable place for such notation. 

(6) Additional Duties — Powers. — It shall be the duty of said commission, 
from the funds handled by it under the terms of this section, to provide for the 
payment of interest on all bonds as they may fall due, and also to provide for 
the payment of all such bonds as they mature. It shall also appoint some bank 
in the city of Greenville as fiscal agent for a term of three years, for the prompt 
payment of interest coupons as they become due on any of the school district 
bonds, general county bonds or special district bonds. It shall also direct the 
treasurer to deposit from time to time sufficient funds with the bank acting as 
fiscal agent to be used for the full and prompt payment on due dates of all 
coupons on bonded indebtedness, and for the payment of bonds at maturity. 
Said commission shall determine the rates of exchange to be allowed to the 
fiscal agent, and adopt such rules and regulations as they may deem advisable 
to carry out the purpose of this section : Provided, That all such payments made 
by the fiscal agent from these funds shall be made in accordance with such rules 
and regulations as may be promulgated in respect thereto by the said sinking 
fund commission. 1932, XXXVII, 1423. 

The proviso to subsection 3 and the pro- 1423. 
viso to subsection 6 were added by 1932/ 



§ 4433-1 1934 Supplement 178 

§ 4433-1. Annual Audit. — There shall be an annual audit of all the public 
offices of Greenville County. The legislative delegation from said county is 
hereby vested with the power and authority to employ annually such expert 
accountant, or accountants, as the delegation may desire for such purposes, and 
to fix the compensation therefor. Such delegation shall annually make neces- 
sary appropriation in the county supply bill to cover the expenses incident 
to such audit. The accountant, or accountants, so employed shall have the right 
at any time during the year for which said audit is made to examine the books, 
papers, vouchers and account of the various public offices of Greenville County. 
1932, XXXVII, 1167. 

This section is new, 1932/1167. 

§ 4441. Attorney. — The Greenville delegation in the general assembly shall 
have exclusive power to appoint an attorney to represent Greenville County, 
and to provide compensation for said attorney, and he shall be elected and re- 
movable at the will of the delegation. Said attorney shall represent Greenville 
County and all of its officers in matters relating to said county, shall give them 
advice when called upon and it is their duty to go to him for advice. Said 
attorney shall represent all the political subdivisions of said Greenville County, 
including all commissions, such as sewer commission, financial board, board of 
county commissioners, or any other commission or board under whatever name 
designated, including school trustees, and shall be the sole and exclusive at- 
torney of said boards and commissions. It shall be unlawful for any board, 
or political subdivision, or officer of Greenville County to have any other at- 
torney than the regular one selected by the Greenville delegation in the gen- 
eral assembly. There shall be only one attorney for said county and its po- 
litical subdivisions, Provided, however, That the county attorney may have 
others to assist him if he so desires, he being solely responsible to compensate 
said other attorneys. 1934, XXXVIII, 1202. 

Section 4441. 1932 Code, repealed by 1934/1202. 
1932/1176. Present section conies from 

§ 4442. County Board of Commissioners — Members — Term — Duties and 
Powers. — (1) The government of Greenville County is vested in a board to 
be known as the county board of commissioners of Greenville County, which 
shall be composed of three members, to wit : R. E. Henry, R. W. Arrington, 
and L. H. Stringer, all of Greenville, South Carolina, who shall hold office dur- 
ing the present tenure of office of the present Greenville County members of 
the house of representatives. The said board shall have full and complete 
control of all of the business and financial affairs of the county, including the 
right to designate the depositories of all county funds. Said board is hereby 
authorized to employ a full time business secretary whose salary shall not 
exceed the sum of thirty-six hundred ($3600.00) dollars per year. Further, 
Said board is hereby authorized to employ whatever clerical assistance it may 

deem necessary. Said board shall have office space in room no. fourth 

floor of the Greenville County court house building, and shall provide business 
methods of handling the county's finances, and no claim or accounts for any- 
thing whatsoever, except the salaries which are fixed by law, shall ever be paid, 
except such items as have been approved by the board; and no special levies 
shall be made in any school district in said county without the written approval 
of said board, nor shall any bonds be issued or sold by any political subdivision 
of said county without written approval of said board. Immediately upon the 



179 Code of Laws of South Carolina § 4442 

appointment of the members of said board as herein provided, they shall meet, 
and organize and elect one of the said members as chairman of the board. 

(2) Further Duties and Powers. — Said board shall confer with the Green- 
ville County legislative delegation as often as may be necessary and shall act 
as an advisory board to the various officials of Greenville County, and the school 
trustees of the several school districts in the county. No notes, bonds or other 
evidences of debt, except bank checks or drafts, shall be effective so as to bind 
the county of Greenville, or any school district therein, save and except when 
the said notes, bonds or other evidences of debt shall be approved in writing 
thereon by a member of said board, and it shall be the duty of the said mem- 
ber of the board to so approve when, and only when, so directed by a majority 
of the board : Provided, however, That nothing contained herein shall qualify, 
enlarge, change, amend or repeal any existing law with reference to the issue, 
sale or negotiation of any such notes, bonds or other evidence of debt, and the 
provisions and conditions of this section are to be construed only as throwing 
additional and further safeguards around the execution and issuance of such 
obligations. 

(3 ) Vacancies — Organization — Pay — Meetings — Removal. — Any vacancy 
on the board shall be filled by appointment by the Governor of the state upon 
the recommendation of a majority of the Greenville County legislative delega- 
tion, by and with the consent of the two remaining members of the said board. 
They shall receive no remuneration for their services ; they shall effect their own 
organization and make rules and regulations governing their own officials and 
the officials and administration of the department of the county's government 
touching any of its business and financial affairs ; they shall hold stated meet- 
ings at least once a month, and such meetings as shall be necessary to properly 
and efficiently control and manage the county's affairs and to carry out their 
duties, and shall keep minutes of their meetings and shall make and file with 
the secretary of the legislative delegation of Greenville County quarterly state- 
ments showing sums borrowed and unpaid and cash balances on hand. No 
member of the board shall ever participate, directly or indirectly, in negotiations 
relating to, or indetermination of, any matter or thing in which his personal 
interest would be served by any particular decision on account of relationship, 
enterprise, business, location, or otherwise ; any violation of this provision shall 
operate as a forfeiture of office, and the appointment of any member of the 
board shall be revoked by the Governor on written report signed by a majority 
of the Greenville County legislative delegation that he has violated this provision. 

(4) Certain Employees GrvE Bonds. — Each employee of said board who 
shall handle funds of Greenville County, before entering upon the discharge 
of the duties of his office, shall enter into a bond secured by a duly licensed 
surety company, to be approved by the clerk of court, payable to the county 
in such sum as may be fixed by the board, conditioned for the faithful per- 
formance of his duties. The premiums on said bond shall be paid out of the or- 
dinary funds of said county. 

(5) Extent of Repeal. — All acts or parts of acts inconsistent herewith 
are hereby repealed, however, this act shall not be construed to repeal any exist- 
ing law authorizing the borrowing of money for the purpose hereinabove set 
forth, but the authorization hereof shall be in addition to those now provided 
by law. 1933, XXXVIII, 270. 

Section 4442, 1932 Code, repealed by 1932/1176. Present section comes from 1933/270. 



§ 4443 1934 Supplement 180 

§ 4443. Term of Office. 

Repealed by 1933 Acts, page 159; 1932 Acts, page 1176. 

§ 4444. Compensation of Comptroller. 

Repealed by 1933 Acts, page 159; 1932 Acts, page 1176. 

§ 4445. Bond. 

Repealed by 1933 Acts, page 159; 1932 Acts, page 1176. 

§ 4446. Duties of Comptroller. 

Repealed by 1933 Acts, page 159; 1932 Acts, page 1176. 

§ 4447. Supervisor to Furnish Office and Supplies. 

Repealed by 1933 Acts, page 159; 1932 Acts, page 1176. 

Greenwood County 

§ 4453. Term of Supervisor. — The term of office of the county supervisor, 

except the first term hereinabove provided for, shall be for four years, and 

until his successor is appointed and qualified. 1932, XXXVII, 1343. 

This section was amended by 1932/1343. placed in § 4453-1 for convenience to 

The present section is only part of section searcher. A comparison of the sections and 

as it was after the said 1932 amendment ; the amendment is suggested, 
the balance of the section as amended was 

§ 4453-1. County Board of Commissioners Abolished — Duties Devolved — 
Further Powers and Duties of Finance Board. — The county board of commis- 
sioners of Greenwood County is hereby abolished and the powers and duties 
of said board shall devolve upon the finance board of said county : Provided, 
however, That the members of the county board of commissioners, as now con- 
stituted, shall remain in office until the expiration of their term. Until the 
expiration of the term of office of the present county board of commissioners 
of Greenwood County, the clerk of the forfeited land commission of said 
county shall also perform the duties of clerk of said board of commissioners 
in addition to his duties as now required by law. 

Powers and Duties Devolved on Finance Board. — The finance board shall 
have in addition to the powers and duties now prescribed by law upon the 
board of county commissioners, the authority to employ a competent man as 
office clerk for said board at a salary of fifteen hundred ($1,500.00) dollars 
per annum, payable monthly, out of funds appropriated for roads and bridges; 
and it shall be the duty of the said board of commissioners to have a general 
oversight and supervision of the building and maintaining of roads and bridges 
in Greenwood County : Provided, however, This section shall not be construed 
so as to limit or abridge the power heretofore conferred upon the county high- 
way commission over roads and bridges already constructed or to be here- 
after constructed and maintained by or through the said highway commission 
and shall have supervision of the chaingangs of the said county. 1932, XXXVII, 
1343. 

The first paragraph is new, 1932/1343. venience to show duties and powers de- 
Second paragraph comes from section 4453, volved on finance board. 
1932 Code; which is inserted here for con- 

§ 4454. Engineer. — The finance board may also employ a competent civil 
engineer whenever in their judgment the services of an engineer are deemed 
necessary. 1932, XXXVII, 1343. 

The 1932 amendment struck out "county nance board." 
board of commissioners" and inserted "fi- 



181 Code of Laws of South Carolina § 4491 

§ 4461. Road Tax. — All able-bodied male persons between the ages of 
twenty-one and fifty-five, both years inclusive, in the county of Greenwood, 
shall be required annually to pay a commutation or road tax of one dollar or 
work three days on the public roads of Greenwood County, except ministers 
of the gospel actually in charge of congregations and teachers employed in the 
public schools : Provided, That any persons claiming exemption from the pro- 
visions of this section on the grounds of physical disability, where such disability 
is not apparent, shall be required to produce a certificate from two regular 
physicians dated within three months from which said tax is payable. The 
said tax must be paid by the person subject thereto to the county treasurer 
and on payment of which he shall receive a receipt showing the date, amounts 
and purposes for which paid and signed by the person collecting same. 1934, 
XXXVIII, 1269. 

Tax reduced from $3.00 to $1.00 and road 1934/1269. 
work from six days to three days, 

§ 4467. Finance Board. — (4) Disagreements Settled by Highway Com- 
mission. — In case of the failure of said finance board to agree upon any matter 
properly before it, the Greenwood highway commission shall be called in to de- 
cide such matter, and their decision shall be final as touching the matter 
under consideration. 

Subsection 4, county board of commis- of commissioners. See § § 4453-1 and 4454 
sioners omitted by 1932/1343, same to be- for further duties of finance board, 
come effective at expiration of present term 

Hampton County 

§ 4489-1. Investment of Sinking Funds. — The sinking fund commission 
for Hampton County is hereby authorized and empowered to invest funds in 
its hands in United States bonds, state of South Carolina bonds, and Hampton 
County bonds, or Hampton County notes secured by the tax levy, for taxes 
due, Provided, Said tax levy, or taxes due, pledged as security, must be at least 
twenty (20%) per cent in excess of the amount borrowed. 1933, XXXVIII, 200. 

This section added by 1933/200. 

Horry County 

§ 4491. Horry County Board of Commissioners. — (1) Appointment- 
Term — Bond — Removal. — There shall be in and for the county of Horry a 
county board of commissioners composed of five (5) members, who shall be ap- 
pointed by the Governor upon the recommendation of the legislative delegation 
of said county, and who shall serve for two (2) years and until their respec- 
tive successors are appointed and qualified. The commissioners so appointed 
shall each give bond in the sum of one thousand ($1,000.00) dollars, to be ap- 
proved by the clerk of court of said county, and each of said commissioners shall 
receive as compensation for their services the salaries hereinafter provided: 
Provided, That the said commissioners or any one or more of them may be re- 
moved from office by the Governor upon the written request of the legislative 
delegation or the majority thereof. 

(2) Chairman — Clerk. — The said county board of commissioners shall, im- 
mediately after qualifying, meet and organize by electing one of their number 
as chairman, and also elect a clerk who shall be designated as clerk of the county 
board of commissioners. He shall hold his office at the will and pleasure of 
said board and receive such annual salary as the board of county commissioners 



§ 4492 1934 Supplement 182 

may fix, payable monthly upon the warrants of said board: Provided, That sal- 
aries of said clerk, fixed as herein provided for, shall not exceed the appropria- 
tion for such salary. 

(3) Powers and Duties. — The said county board of commissioners in addi- 
tion to all duties and powers now provided by law shall have direct charge of 
the construction and repair of all roads and bridges in the county, shall have 
charge of the chaingang, all road machinery and the employment of all persons 
and all hired help who are engaged in any of the above mentioned work. Said 
county board of commissioners shall have the duty and power of approving 
and rejecting claims against the county, with full authority to direct the ad- 
ministration of the chaingang, roads and all other affairs affecting the interest 
of said county. 1934, XXXVIII, 1228. 
This section replaces § 4491, 1932 Code, which was superseded by 1932/1381. 

§ 4492. Road Superintendent. — In lieu of the services heretofore rendered 
by the county road commissioner of Horry County, the county board of com- 
missioners of said county are hereby authorized and empowered to employ 
some person who is suitable and capable to perform such road work and super- 
intendency in said county as in their judgment may be needed to be done, and 
a compensation not exceeding $1500.00; and the said county board of commis- 
sioners for Horry County are further empowered to employ said road commis- 
sioner or superintendent for full or less than full time as the work in said 
county may demand; Provided, That if less than full time services be rendered 
the pay shall be onby proportionate to the time employed by him. And the 
said county board of commissioners are further authorized and empowered to 
discharge said employee or superintendent at their pleasure and employ any 
other person or persons in his vice and stead to perform such services. 1934, 
XXXVIII, 1228. 

Section 4492, 1932 Code, superseded by 1934/1228. Present section comes from said act. 

§ 4494. Chaingang 1 . — The said county board of commissioners for Horry 
County is hereby charged with the responsibility of operation and supervision of 
the chaingang for Horry County, paying and hiring of guards and other neces- 
sary help and employees and they are hereby authorized and empowered to 
perform such duties and of such employees and their help as and when in 
their judgment the same will be for the best interest of Horry County. The 
county board of commissioners also are authorized and empowered to fix the 
salaries of all guards and other employees in connection with the supervision 
of said chaingang, together with all other county employees as otherwise pro- 
vided for by law. 1934, XXXVIII, 1228. 

Section 4494, 1932 Code, superseded by 1934/1228. Present section comes from said act. 

§ 4494-1. Salaries of Certain Officers. — After the expiration of the terms 
of office of the several county officials hereinafter named their salaries shall 
be as hereinafter provided: Chairman, county commissioners, $300.00; four 
(4) commissioners, each $120.00; clerk, county commissioners, $900.00; clerk 
of court, $1,800.00 ; deputy clerk of court, $1,000.00 ; sheriff $2,400.00 ; deputy 
sheriff, $1,500.00; treasurer (from county), $800.00; auditor (from county), 
$800.00; clerk to auditor, $600.00; superintendent of education, $1,800.00, 
probate judge, $800.00; road commissioner, $1,800.00. Provided, however, That 
the treasurer and auditor shall receive annually from the county one-third 
(1/3) of their said salaries as now provided by law, and that the salary herein 
provided for shall be increased or decreased in accordance with the annual 



183 Code of Laws of South Carolina § 4504 

appropriation for auditors and treasurers from the state of South Carolina in 
accordance with said pro rata payment for their services. All fees and li- 
censes collected under the provisions of law by any official named in this 
section shall be collected by said official and paid over to the county treas- 
urer to be placed in the general funds of the county, and the foregoing sal- 
aries shall be in lieu of all fees of every kind and description : Provided, That 
the sheriff and his deputies shall be permitted to retain fees and mileage for 
the service of civil processes : Provided, further, That the probate judge may 
retain the percentage of marriage license fees provided annually in the county 
supply act : Provided, further, That the fee for the jailor for admitting pris- 
oners shall be only fifty (50c) cents each; and he shall only be allowed the 
sum of thirty-five (35c) cents per day for dieting each prisoner. 1932, 
XXXVII, 13*81. 

This section is new, 1932/1381. 

§ 4495. Road Tax. — * * * Provided, That any person liable for the 
payment of capitation road tax under the provisions hereof may be permitted 
to work upon the public county roads of said county for six days in each 
calendar year in lieu of payment of said capitation road tax. Provided, fur- 
ther, That all funds collected under the provisions of this section shall be ex- 
pended upon the road from which it is collected, except funds collected from 
persons living upon roads under the control of the state highway department, 
and in such cases, such funds so collected shall be expended within the town- 
ship for which it is collected and under the direction of the county road com- 
missioner. Provided, further, That the county road commissioner and the 
county board of commissioners are authorized and empowered to provide for 
the working of roads in the county, appoint overseers and do all things nec- 
essary to carry this section into effect. 1933, XXXVIII, 107. 

The above provisos added by 1933/107. The section otherwise remains unchanged. 

Jasper County 

§ 4503. Commutation Road Tax for Jasper County. — Repealed oy 1933 
Acts, page 15. 

§ 4504. Purchase of Supplies. — All supplies of whatever nature, exceeding 
$5.00, to be purchased for Jasper County, shall be purchased only on com- 
petitive bids, and after public advertisement for seven (7) days, giving the 
approximate quantity and number of articles desired; such advertisement to 
be made by posting one copy thereof in the court house, and another in the 
post office, and by giving written notice to three (3) (if there be so many) 
competitive dealers in the commodity or commodities desired. All bids shall 
be sealed and delivered by a designated day and hour to the officer requesting 
the bid, and shall be then and there publicly opened and published and the 
purchases awarded to the lowest bidder. The right shall always be reserved, as 
a matter of law, to reject any and all bids : Provided, Any officer of said 
county in an emergency may disregard the provisions of this section, Provided, 
an affidavit is filed with the clerk of the court stating the facts that consti- 
tute the emergency : Provided, further, That no claim shall be approved by 
the county board where the provisions of this section have not been complied 
with : Provided, That the provisions of this section shall not apply to purchases 
from the United States government. 1933, XXXVIII, 216. 

Section 4504, 1932 Code, repealed by 1933 from 1933/216. The old section number was 
acts, page 15. The present section comes retained for convenience. 



§ 4510 1934 Supplement 184 

§ 4510. Sinking Fund Commission. — (1) Creation — Members. — There is 
hereby created a sinking fund commission in Jasper County. The members 
shall be the treasurer, clerk of court and auditor of Jasper County, of which 
the treasurer shall be chairman and the clerk of court secretary thereof. 

(2) Turn Bond Funds Over to Commission. — All monies hereafter received 
by the treasurer of Jasper County for the payment of bonds, and interest 
thereon, shall be turned over to the said commission on the 10th day of Janu- 
ary and the 30th day of June of each year. 

(3) Payment of Interest Due by County. — The said commission shall pay 
all interest on bonds and bonded indebtedness of Jasper County as same matured 
from said fund. 

(4) Investment of Funds. — The said commission is authorized to invest 
funds in its hands in United States bonds, state of South Carolina bonds, Jas- 
per County bonds, or bonds of any political subdivision of Jasper County 
or Jasper County notes secured by tax levy, or taxes due, provided said tax levy 
or taxes due pledged as security must be at least twenty per cent in excess of the 
amount borrowed. 

(5) Disposition of Securities — Redemption of Bonds. — The said commis- 
sion is authorized to dispose of any of the securities now held by the treas- 
urer, or hereafter acquired, and redeem any bonds whenever there are sufficient 
funds on hand for that purpose: Provided, No securities shall be sold below 
par nor shall any bonds be redeemed above par withoul the consent of the dele- 
gation. 

(6) Deposit of Funds Not Unvested. — All monies hereafter collected and 
not invested as above set forth, and not needed to pay obligations within six 
months, shall be placed to the credit of the sinking fund commission in a sav- 
ings account in sonic reliable bank within thirty days from the date of the 
collection of said monies. 

(7) Execution of Checks — Bond Required of Members — Compensation. — 

All checks shall be signed by the chairman and countersigned by the secretary 

of the sinking fund commission. The members of said commission shall give 

bond in the sum of ten thousand ($10,000.00) dollars each and shall receive as 

compensation for their services as members of said commission the sum of 

fifty ($50.00) dollars each per year, and the premium on the bond of the 

members and their salaries shall be paid from the funds of the sinking fund 

commission for Jasper County. 1933, XXXVIII, 41. 

Section 4510, 1032 Code, repealed by 1933 from 1933/41. The old section number was 
acts, page 15. The present section comes retained for convenience. 

Kershaw County 
§ 4517. Road Superintendent. — Repealed by 1932 Acts, page 1221. 

§ 4521. Road Tax. — All able-bodied male persons between the ages of 
twenty-one and fifty, both inclusive, in the county of Kershaw, shall be re- 
quired annually to pay a commutation or road tax of two ($2.00) dollars 
or work six (6) days on the public roads of Kershaw County, except ministers 
of the Gospel actually in charge of congregations and teachers employed in the 
public schools: Provided, That any persons claiming exemption from the pro- 
visions of this section on the grounds of physical disability where such disability 
is not apparent, shall be required to produce a certificate from two regular 



185 Code of Laws of South Carolina § 4529-1 

physicians dated within three months from which said tax is payable. The 
said tax must be paid by the person subject thereto to the county treasurer, and 
on payment of which he shall receive a receipt showing the date, amounts and 
purposes for which paid and signed by the person collecting same. 1933, 
XXXVIII, 55. 

Prior to 1933/55 the road tax for Kershaw County was $3.00. 

§ 4529-1. Sinking Fund Commission.— (1) Members — Appointment — 
Terms— Vacancies— Bond— Meetings.— There is hereby created a county sink- 
ing fund commission for Kershaw County. The said commission shall be com- 
posed of three members who shall be appointed by the Governor upon the 
recommendation of the Kershaw County legislative delegation, and the ap- 
pointments shall be subject to ratification by the state senate. The term of the 
members of the commission shall be six (6) years: Provided, however, That 
at the first election of said commissioners the delegation shall designate one mem- 
ber to serve for two (2) years, one member to serve for four (4) years and one 
member to serve for six (6) years, so that thereafter the term of one member 
of the commission shall expire every two years. Provided, further, That in the 
event of a vacancy occurring during the term of office of any commissioner, 
the said vacancy shall be filled for the unexpired part of the term in the same 
manner as provided above, but should such a vacancy occur while the gen- 
eral assembly is not in session, the appointment shall be subject to ratification 
by the senate at the next succeeding regular session of the general assembly. 
Each member of the said commission shall be bonded for the faithful per- 
formance of his duties as hereinafter set forth in the amount of ten thousand 
($10,000.00) dollars. The premium on said bonds shall be paid out of sinking 
fund monies in their custody. Sufficient space shall be provided in the Ker- 
shaw County court house for filing the records of the commission, or as shall 
be necessary for its activities. The commission shall elect one of its members 
as chairman and one of its members as clerk. The commission shall hold 
regular meetings once in each quarter, or more often, if necessary, and shall 
meet upon call of the chairman or any two of its members for the transaction 
of necessary business. 

(2) Deposit of Sinking Funds — Security Required. — Immediately upon 
their qualifying, the commission shall take over all cash, and all investments of 
every nature representing accumulated sinking funds of all county bond issues 
and all school district bond issues of Kershaw County, and all the right, title, 
interest and estate of Kershaw County and of the school districts of said county 
and the boards of trustees of said districts in and to all cash, claims, demands, 
choses in action and investments, whether in real or personal property, rep- 
resenting or forming a part of the said respective sinking funds are hereby 
transferred to and vested in said commission, their successors and assigns for- 
ever. All cash shall be deposited by the commission in some bank or banks, 
the selection of which shall be left to the discretion of the commission, but 
that said banks must allow interest on all deposits with them at a rate to be 
agreed upon by the commission and the banks, Provided, however, That the 
banks so selected as depositories shall be required to place with the commission 
a sufficient amount of collateral to insure the safety of said deposits. Such 
collateral as may be taken by the commission as security for said deposits shall 
be limited to obligations of the federal government, obligations of the state of 
South Carolina, obligations of the county of Kershaw, or obligations of any 



§ 4529-1 1934 Supplement 186 

of the several school districts of Kershaw County, or bonds of Home Owners' 
Loan Corporation of the United States of America or obligations, the payment 
of the principal or interest of which is guaranteed by the federal government. 

(3) Investments. — When it shall appear to be of advantage, the commis- 
sion may invest such cash funds as they may have in hand by purchasing out- 
right and holding any of the obligations enumerated in subsection 2, namely 
Obligations of the federal government, obligations of the state of South Caro- 
lina, obligations of Kershaw County, or obligations of any of the several school 
districts of Kershaw County, or bonds of the Home Owners' Loan Corporation 
of the United States of America or obligations, the payment of the principal 
or interest of which is guaranteed by the federal government: Provided, That, 
investments taken over by the commission at the creation of said commission 
shall be converted into cash or into obligations as enumerated above as rapidly 
as is possible in the judgment of said commission, and to this end the said 
commission are authorized and empowered to compromise, in their discretion 
and upon such terms as they may deem best, any claims, demands or chosea 
in action coming into their hands, and to sell and dispose of any real or per- 
sonal propertj' belonging to the said sinking funds upon such terms as to 
them may seem advantageous, and to execute and deliver proper transfers, 
assignments or deeds of conveyance to the purchasers thereof. 1934, XXXVIII, 
1406. 

(4) Records — Reports. — The commission shall keep, or cause to be kept, 
true and permanent records of all of its transactions, including the receipt 
and disbursements of all funds and the collection of all obligations due the 
commission, either interest or principal, and shall also keep a record of all bond 
issues of Kershaw County or the school districts of Kershaw County, which shall 
show the number and amount of outstanding bond issues, and the amount of 
cash or investments held in the respective sinking funds for their retirement. 
A full and complete report of all transactions, together with a list of bond 
issues, with the amount of sinking funds applicable to each, shall be filed with 
the clerk of court of Kershaw County as of June 30th and December 31st, each 
year. 

(5) Compensation of Members. — The members of the Kershaw County 
sinking fund commission shall receive for their services each calendar year the 
sum of two hundred ($200.00) dollars, and the secretary or clerk of said com- 
mission charged with the keeping of the books and records of said commission 
shall receive two hundred ($200.00) dollars per annum in addition to the com- 
pensation hereinabove fixed and allowed to each member of said commission. 
Such compensation shall be paid upon the warrant of the said commission, 
quarterly, semi-annually, or annually, as the commission may decide, from the 
funds of the respective sinking funds in their hands, to be prorated and charged 
against the sinking funds of Kershaw County and of the several school dis- 
tricts of Kershaw County in proportion to the face value of the respective 
sinking funds of said county and school district in their hands. Should any 
member or members of said commission be called upon to perform any service 
beyond the duties imposed upon said commission under the terms of the said 
section creating the same, such member or members shall receive such reason- 
able compensation as the commission may determine, the same to be paid from 
the funds of the particular sinking fund for whose benefit such special services 
may have been performed. 1933, XXXVIII, 455 ; 1934, XXXVIII, 1406, 1404. 

This section added by 1933/455, 1934/1406, 1404. 



187 Code op Laws of South Carolina § 4576 

§ 4529-2. Officers May Write Off Losses. — When in any county office in 
Kershaw County there shall occur a loss or losses of public funds, resulting 
from defalcation, loss of funds deposited, shortage or otherwise, the county treas- 
urer or other officer on whose records such loss appears, shall have and is 
hereby given authority to charge off and eliminate from such records the 
amount of such loss or losses ; Provided, That the said treasurer or other of- 
ficer shall show to the comptroller general that no means of collecting said 
loss or losses can be employed and that all security against such losses has 
been exhausted. The comptroller general shall diligently inquire into the 
status of any such losses coming under his observation and if found worthless 
he shall have authority to direct the county treasurer or other officer to 
charge off and eliminate the amount of such loss or losses from his records. 
1933, XXXVIII, 223. 

This section added by 1933/223. 

Lancaster County 

§ 4569. Salaries of Certain Official. — (1) County Supt. of Education. — 
The county superintendent of education shall receive a salary of fifteen hun- 
dred ($1,500.00) dollars per annum. 

(2) Constable Gill Creek Township. — The constable in Gill Creek town- 
ship shall receive a salary of $600.00. 1932, XXXVII, 1262. 

All of this section relating to Lancaster 1262. For bond of county treasurer see § 
County treasurer was repealed by 1932/ 2789. 

Laurens County 

§ 4573. County Officers Receive Salaries in Lieu of Fees. — The following 
officers of Laurens County to wit ; the sheriff, the clerk of court, the county 
treasurer, the county auditor, and all other county officers now on a fee basis, 
or on part salary and part fee basis, shall receive such annual salaries as 
may be fixed in the annual county supply bill and which shall be in full com- 
pensation for their services and in lieu of all fees allowed their respective 
offices under the law. The county officers referred to and included herein- 
above shall collect in advance the fees allowed now under the law to them in 
the performance of their duties and shall keep an accurate account of all 
such collections and shall on or before the 10th day of each month pay all 
fees collected by them for the month just preceding to the county treasurer 
of Laurens County and shall within the same time limit file with the county 
auditor of Laurens County a duly verified and itemized statement showing the 
amounts and sources of collection. It is hereby made the duty of the county 
board of commissioners or other governing body of Laurens County, by what- 
ever name called, whose duty it is to draw warrants, upon the county treasurer 
for the payment of salaries, to keep posted as to whether or not the provisions 
hereof are being complied with and to withhold payment to any officer of 
his salary who fails to comply herewith. 1933, XXXVIII, 26. 

Lee County 

§ 4576. Office of County Superviser Abolished in Lee County — Board of 
County Commissioners — Appointment — Terms — Vacancies. — ( 2 ) Nomination 
of County Commissioners — Terms. — The county commissioners for Lee County 
shall hereafter be nominated in the regular primary election for said county 
of Lee, which said commissioners shall be nominated from their respective 



§ 4582 1934 Supplement 188 

districts, as set forth herein, and shall hold office as such for the term of four 
years after their respective nominations. 

(3) County Divided into Commission Districts. — The county of Lee is 
hereby subdivided into the following commission districts, that is to say : Dis- 
trict no. 1. All that territory east of Lynches River. District no. 2. All that 
territory west of Lynches River, and bound on the north by highway no. 30 
from DuBose's Bridge to the 'Scape O'er Swamp at Manville, and thence from 
'Scape O'er Swamp north and northwest by the county road leading to Wood- 
row and the Sumter County line. District no. 3. All that territory west of 
Lynches River and lying north of district no. 2. 1933, XXXVIII, 592. 

Subsections 2 and 3 added by 1933/592. 



Lexington County 






§ 4582. County Board of Commissioners. — The county government of Lex- 
ington County shall be administered by three (3) commissioners to be known 
as "County Board of Commissioners of Lexington County," who shall hold 
office for the terms hereinafter specified and provided for, unless sooner re- 
moved by the Governor for incapacity, neglect of duty, or official misconduct. 
1933, XXXVIII, 2. 

Prior to lit.'!.'!/-, there were 5 county commissioners for Lexington County. 

§ 4583. Qualifications. — Each person who shall be appointed or elected 

commissioner pursuant to the provisions hereof shall be a citizen, resident, 

and elector of said count}' and of this state and of the district of which he 

shall be appointed or elected. 1933, XXXVIII, 2. 

Prior to 1933/2 the selection of 2 com- ington County was prohibited, 
niissioners from the same section of Lex- 

§ 4584. Election. — Immediately upon the approval hereof T. Haskell Shull, 

Bernard H. Seay and Lonnie K. Fulmer (they having been elected to the 

office of county commissioners by a vote of the people) shall constitute the 

said county board of commissioners of Lexington County until and inclusive 

of the 31st day of December, 1934, or until the respective successors of said 

commissioners shall have been elected and duly qualified; at the next ensuing 

general election for state and count}- officers there shall be elected from each 

of the hereinafter designated districts one commissioner who shall hold office 

for a term of two years, or until a successor shall have been duly elected and 

qualifed, and at each succeeding general election thereafter there shall be elected 

one commissioner from each of said districts for a term of two years, unless 

sooner removed from office by the Governor for good cause shown, Provided, 

That in case of a vacancy in office, caused by death, resignation or otherwise, 

a successor shall be appointed for the unexpired term by the Governor upon the 

recommendation of the majority of the members of the general assembly from 

Lexington County. 1933, XXXVIII, 2. 

Prior to 1932/1531 members of Lexington pointed. The said 1932 Act was repealed 
County board of commissioners were ap- by 1933/5. 

§ 4585. Districts. — Said county of Lexington hereby is divided into three 
districts, for the purpose hereof, as follows, to wit: District no. 1, consisting 
of all of that territory within Lexington County lying north of the original 
bed of Saluda River (commonly called the Fork), and that portion of the 
area of said county lying south of said river and embraced within the follow- 
ing boundaries, beginning at the middle of Saluda River where Lexington 



189 Code of Laws of South Carolina § 4589 

and Richland counties adjoin, then down said river into Congaree River to 
a point to the southeast of the town of New Brookland where the sewerage 
system from the Brookland-Cayce high school empties into the Congaree River, 
thence to the center of the Brookland-Cayce high school building, thence to 
intersection of Piatt Springs county road with state highway no. 215 near 
Dr. Oxner's residence, thence along said Piatt Springs road to the point where 
it intersects with state highway no. 6 leading from Lexington to Swansea, thence 
from newly constructed continuation of Piatt Springs road via the Paul Clark 
old home place to where said road intersects with the old county road leading 
from Lexington via Red Bank to Fair View or William's Cross road near 
home of Henry Gunter, thence back in a generally northern direction over 
said old Lexington-Fair View road to a point near Perry H. Derrick's resi- 
dence to the intersection of the old Calk's Ferry road, thence along said 
Calk's Ferry road to St. Johns Church and into Lake Murray and to the old 
run of Saluda River; district no. 2, consisting of that territory lying to the 
south and southeast of the line hereinabove described from Congaree river 
to a point near the home of Henry Gunter where said Piatt Springs old road 
and the Lexington-Fair View road intersects and within the following addi- 
tional boundaries, commencing at said point near Henry Gunter 's residence 
along the old Lexington-Fair View road to the center of the run of Black 
Creek at Huffman's Burnt Mill, thence down the run of said creek to the 
Aiken County line where said creek empties into North Edisto river, thence 
along the Aiken County line, the Orangeburg County line and the Calhoun 
County line to Congaree river and up the center of Congaree river to the 
point opposite the emptying of said sewerage system therein from the Brook- 
land-Cayce high school building ; and district no. 3, consisting of all the other 
territory within the county of Lexington lying between the boundaries of 
districts nos. 1 and 2 hereinabove given and Aiken and Saluda counties ; 
Provided, however, That the Piatt Springs road and the continuation thereof 
to the point near Henry Gunter 's residence shall be and constitute a part of 
the road mileage in district no. 2, and that part of the old Lexington-Fair View 
road from said point near Henry Gunter 's to point of intersection with Calk's 
Ferry road and the Calk's Ferry road to Lake Murray shall constitute a part 
of the road mileage of district no. 3. 1933, XXXVIII, 3. 
The provisions hereof were added by 1933/3. 

§ 4586. Bond of Commissioners — Salary. — Each of the Commissioners 
herein provided for whether elected or appointed shall qualify by entering into 
a surety bond in the usual form conditioned for the faithful performance of 
their duties in the sum of three thousand ($3,000.00) dollars, the premium for 
which shall be paid out of the contingent fund of the said county board of 
commissioners for Lexington County; and each of the commissioners, whether 
appointed or elected, shall be paid a salary at the rate of five hundred and 
fifty ($550.00) dollars per annum, payable quarterly. 1933, XXXVIII, 4. 

§ 4588. Powers and Duties of Board. — * * 

The above subsection was added by 1933/ after the passage and approval of a supply 

4. Said county board of commissioners or appropriation bill authorizing such ac- 

shall not have the power to elect or choose tion, except upon the written approval of 

any officer, agent or employee of the county the Senator and a majority of the members 

for a definite period and fix compensation of the House from Lexington County, 
therefor so as to bind the county until 

§ 4589. Clerk of Board— Report of County Officers.—* * * The clerk 
to the said county board .of commissioners of Lexington County shall keep 



§ 4591 1934 Supplement 190 

the office of said commission open for the transaction of such business as may 
properly come before him on Mondays, Wednesdays and Saturdays each week, 
except legal holidays falling on those dates. 1933, XXXVIII, 4. 

The above was added by 1933/4. 

§ 4591. Commutation Tax. — All male persons in Lexington County be 
tween the ages of twenty-one and fifty-five, except as hereinafter exempted, 
shall pay an annual commutation tax of two ($2.00) dollars per annum, which 
shall become due and payable at the same time as other county taxes are now 
due and payable, and shall be collected by the same officers collecting other 
taxes at the same time and place, and credited and spent on section of road 
from which it is collected. 1934, XXXVIII, 1252. 

§ 4597-1. County Attorney May Bid on Collateral in Which County Has 
an Equity. — The county attorney for Lexington County is hereby authorized, 
empowered and directed to appear and bid for and on behalf of the treas- 
urer of Lexington County at the sale of any notes, bonds, property or securi- 
ties which may have been heretofore pledged, or which may hereafter be 
pledged, to the treasurer of Lexington County, and in which property the 
county may have an equity, and if he should be the successful bidder at any 
such sale, the notes, bonds or other securities shall be taken in the name of 
the treasurer of Lexington County, and turned over to such treasurer to be 
by said treasurer converted into cash and used by the treasurer for said county 
as other funds are used. Provided, In the exercise of his discretion the said 
attorney shall not bid more for such securities than the equity of the county 
therein shall appear at the time of such sale. 1934, XXXVIII, 1248. 

This section added by 1934/1248. 

§ 4597-2. County Not To Employ Delinquent Taxpayers — Publish Names of 
Employees Delinquent in Paying Their Taxes. — It shall be the duty of the 
county treasurer of Lexington County to publish at least once each year for 
at least three weeks, in a newspaper published within the county, the names of 
any and all officials, employees or other persons receiving compensation in any 
manner from Lexington County for services rendered who owe any delinquent 
taxes, immediately after such taxes have been placed in execution. In addi- 
tion to giving the names of such persons it shall be the duty of the treasurer 
to give the years and the amounts of such delinquent tax of any such official, 
employee or other person. Any person owing delinquent taxes to Lexington 
County shall not be employed by the county. The county board of commis- 
sioners and other county officials charged with the duty of employing per- 
sons to render service to the county are charged with the duty of enforce- 
ment of this section, and upon any of them employing any such person, or 
failure to strictly enforce the provision hereof shall be deemed guilty of official 
misconduct, and removable from office for such. Any newspaper published 
in said county shall not be subject to prosecution and/or damages for libel for 
publishing any or all the names of such delinquent taxpayers certified to such 
newspaper as being delinquent taxpayers whose taxes have been placed in exe- 
cution. 1934, XXXVIII, 1301. 

This section added by 1934/1301. 

Marlboro County 

§ 4619. Supervisor — Election — Term — Salary — Bond. — At the general elec- 
tion in 1936, and every four years thereafter there shall be elected by the 






191 Code of Laws of South Carolina § 4636-1 

qualified electors for Marlboro County a county supervisor, whose term shall 
begin on the first Tuesday in January following his election, and be for a pe- 
riod of four (4) years, and until his successor is appointed and qualified. The 
county supervisor shall receive an annual salary in the sum of twenty-four 
hundred ($2,400.00) dollars, payable monthly, and shall give bond in the sum 
of five thousand ($5,000.00) dollars for the proper discharge of his duties. 
1934. XXXVIII, 1479. 

Section 4619, 1932 Code, repealed by 1479. Present section comes from said act. 

§ 4620. Highway Commissioners — Appointment — Term— Salary. — A board 
of county highway commissioners for Marlboro County is hereby created which 
shall consist of five (5) members, one of whom shall be the county supervisor 
by virtue of his office, and who shall also be chairman of the board. The 
Governor shall appoint upon the recommendation of a majority of the Marl- 
boro delegation in the general assembly four (4) resident free-holders and 
taxpayers of Marlboro County as the other four (4) county highway commis- 
sioners, and they shall hold their office for a term of two (2) years, and until 
their successors are appointed and qualified, at a salary to be fixed annually 
in the county supply bill. 1934, XXXVIII, 1479. 

Section 4620, 1932 Code, repealed by 1934/1479. Present section comes from said Act. 

§ 4621. Appointment of Highway Commissioners— Term.— Repealed by 
1933 Acts, page 3^7 . 

§ 4622. Compensation of Board— Bond of Supervisor.— Repealed by 1933 
Acts, page 3Jf7. 

§ 4636-1. Annual Audit, Bamberg and Marlboro Counties. — (1) Board- 
Duty. — There is hereby constituted and established in each of the counties of 
Bamberg and Marlboro an audit board to consist of the respective senators, 
members of the house of representatives, and foreman of the grand jury of 
each of said counties, whose duty it shall be to have made not later than Sep- 
tember 1st of each year a complete audit of the books, records and reports 
of all county offices and county officials of said respective counties of Bam- 
berg and Marlboro. 

(2) Report Audit.— The said board shall annually select a reputable and 
competent auditor, and shall employ him to thoroughly audit the books, the 
records and the reports of the county offices and officials of Marlboro and 
Bamberg Counties. He shall make his report to the aforesaid board, which 
shall file one copy with the secretary of the legislative delegation, one copy 
with the clerk of the county board of highway commissioners, and one copy 
with the clerk of court of common pleas. 

(3) Cost. — The cost of said audit shall be paid by funds appropriated for 
that purpose, and in case no appropriation is made, the county treasurer is 
hereby authorized and directed to pay the same from any other funds in his 
hands not otherwise appropriated. 

(4) Auditor. — In the selection of the auditor, the aforesaid county audit 
board of the respective counties, is directed to let the contract to the lowest 
responsible bidder, reserving the right to the board, however, to reject any or 
all bids, and to take into consideration the reputation of the auditor and the 
character of the work demanded. 



§ 4643 1934 Supplement 192 

(5) Public Record. — Each annual audit report is hereby declared to be 

part of the public records of Marlboro and Bamberg Counties, and subject to 

publication in any county newspaper. 1934, XXXVIII, 1566. 

This section added by 1934/1566. 

McCormick County 

§ 4643. Issuance and Payment of School Claims. — * * * (2) Issuance 
of School Claims. — It is unlawful for any trustee of any school district in 
McCormick County, or the superintendent of education of McCormick County, 
or any other official of McCormick County to issue to any person, firm, or 
corporation any school claim, voucher therefor, or order directing the pay- 
ment of any school claim unless there is at the time of such issuance suf- 
ficient funds to the credit of the said school district in the hands of the treas- 
urer of McCormick County to pay the same. Any person violating the pro- 
vision of tbis subsection shall be guilty of a misdemeanor and upon conviction, 
subject to a fine of not less than five hundred ($500.00) dollars nor more than 
one thousand ($1,000.00) dollars and/or imprisonment for not less than thirty 
(30) or more than ninety (90) days. 1934, XXXVIII, 1227. 

Subsection 2 added by 1934/1227. 






Newberry County 

§4651-1. Further Duties of Supervisor. — (1) Make Annual Inventory op 
Road Machinery, Etc. — The supervisor of Newberry County is hereby au- 
thorized and directed to make or cause to be made, an annual inventory of all 
equipment, tools, machinery and accessories thereto used for the maintenance 
of the roads, bridges and ferries within Newberry County, said inventory to 
include in addition all equipment, farm products and cattle of all kind at the 
county farm, which inventory shall be sworn to by the county supervisor. The 
supervisor is hereby authorized and required to file the inventory with the 
clerk of court not later than the 15th of January which shall be open for public 
inspection at all times. 

(2) Disbursements Regulated. — The supervisor is hereby directed and re- 
quired to disburse all moneys within his jurisdiction by properly authorized 
warrants only, in payment for all claims, covering expenditures for all pur- 
poses, directly to the person, firm or corporation to whom any money may be 
due for labor, supplies, or otherwise. 

(3) Effect of Violation. — Any violation of the provisions of this section by 
the supervisor shall be construed as a violation of good faith in the performance 
of his duty as a duly qualified bonded officer of Newberry County, and the 
county attorney shall file claim against said bond and prosecute same to con- 
clusion by any legal action or actions necessary thereto. 

(4) Cumulative. — The provisions of this section shall be construed as 
cumulative and in addition to duties prescribed by law prior to the passage 
hereof. 1932, XXXVII, 1151. 

This section was added by 1932 Acts, p. 1151. 

§ 4666. Bonds of Officers. — The following officers in Newberry County, for 
the faithful and diligent performance of the duties of office, shall, before en- 
tering upon the duties of office, give bonds in the following amounts, which 
said bonds shall cover and be effective for the term of the officers mentioned 
in this section : 



193 Code of Laws of South Carolina § 4684-1 

County auditor, $5,000.00; county treasurer, $25,000.00; county superinten- 
dent of education, $1,000.00; judge of probate, $5,000.00; clerk of court, 
$10,000.00; county sheriff, $10,000.00; the two county commissioners, each, 
$2,000.00; supervisor, $5,000.00; clerk of county board of commissioners, 
$1,000.00 ; delinquent tax collector, $10,000.00. 

All bonds given shall be in some surety company licensed to do business in 
this state ; said bonds shall be approved by the attorney general, and the pre- 
miums on said bonds shall be paid by the county treasurer upon warrants ap- 
proved by the chairman of the Newberry County board of commissioners. 1933, 
XXXVIII, 157. 

This section added by 1933/157. 

§ 4667. Officials Who Receive Fees to Keep Record and File Same. — 
r * * (2) County Officers on Salary Basis. — On January 1st, 1935, 
all officers of Newberry County shall be placed on a salary basis and any and 
all fees collected by any officer of Newberry County shall be turned over to 
the treasurer of Newberry County and by him to be placed in such fund or 
funds as he shall be directed so to do by the legislative delegation. The sal- 
aries of all officers of Newberry County shall be fixed by the legislative delega- 
tion and the salaries so fixed shall be in lieu of all fees which any officer may 
now receive under existing law. 1934, XXXVIII, 1197. 

Subsection 2 added by 1934/1197. 

§ 4669. Supervisor — Salary — Election — Term. 

By 1932/1329 the salary of the Supervisor was reduced to $2,000.00. See § 46S4-1. 

§ 4670. Board of County Commissioners — Members — How Elected — Terms 
of Office — Salaries. — The office of Newberry County board of commissioners 
is hereby created and shall consist of the county supervisor of Newberry County, 
who shall be elected by the qualified voters of the entire county for a term of 
four (4) years, except the first term which shall be two (2) years from the first 
of January, 1931, and one (1) member from each of the two road districts 
hereinafter created, who shall be elected by the qualified voters of their respec- 
tive districts for a term of two (2) years, beginning January 1, 1931, and 
until their successors are elected and qualified. All of the aforesaid commis- 
sioners shall be elected in the general election in 1930, and their successors 
in the succeeding general election. The commissioners elected from the districts 
as herein provided shall each receive such salary as the legislative delegation 
may fix from year to year. 1934, XXXVIII, 1434. 

§ 4671. Road District Number One — Townships — Road District Number 
Two — Townships. — For the purpose of electing the two commissioners, the 
county shall be divided into two road districts, which shall be designated as 
road district number one and road district number two. Road district number 
one shall consist of the following townships : Township number one, includ- 
ing the town of Newberry; township number two, township number three, 
township number four, township number five, and township number six, town- 
ship number seven. Road district number two shall consist of the following 
townships : Township number eight, township number nine, township number 
ten, township number eleven, and township number twelve. 1934, XXXVIII, 
1425. 

§ 4684-1. Salaries and Clerical Help of Certain County Officials. — The sal- 
aries and clerical help of the county officers of Newberrj^ County shall be as 
follows: Judge of probate, salary, $2,100.00; clerical help, $600.00; clerk of 



§ 4684-2 1934 Supplement 



194 



court, salary, $2,100.00; clerical help, $600.00; auditor, salary, $2,100.00- cleri- 
cal help, $600.00; treasurer, salary, $2,100.00; clerical help' $900 00- super 
intendent of education, salary, $1,800.00; clerical help, $300 00- supervisor 
salary, $2,000.00. This shall be in addition to furnishing and maintenance of 
an automobile for official use. Coroner, salary, $450.00. The salaries fixed 
for the auditor and treasurer as above specified shall include the amount re- 
ceived by each of them from the state of South Carolina. Sheriff, salary $2 . 
100.00. The sheriff's commission for collecting delinquent taxes shall be three 
(3%) per cent, and for execution seventy-five (75c) cents; for nulla bona 
ten (10c) cents for entering and ten (10c) cents for return. This section is not in- 
tended to deprive the sheriff of other fees now provided by law for his office 
Provided, further, That all fees which, under the present law or laws have 
gone to the several officers enumerated above, except such as are specifically 
continued m this section, shall be collected in advance bv the several officers 
and turned over to the county treasurer monthly to be* used in the general 
funds of the county: Provided, further, That any officer who fails to collect 
any fee m advance shall be held personally responsible on his bond and 
shall turn over to the county treasurer such amount the same as if he had 
collected it. Magistrates: District no. 1, $450.00; district no. 2, $900 00- dis- 
trict no. 3, $450.00 ; district no. 4, $300.00. Constables: District no 1 $375 00- 
district no. 2, $900.00; district no. 3, $375.00; district no. 4, $285.00. 'This sec- 
tion shall become effective at the expiration of the term of office of the above 
named officers. 1932, XXXVII, 1329. 
This section is new, 1932/1329. 

§ 4684-2. Sinking Fund Commission May Sell Real Estate Now Held by It 
to Former Owners-Terms.— The sinking fund commission of Newberry County 
is hereby authorized to make sales of any and all real estate now held by it and 
to which it holds title, at the amount of taxes and costs due thereon at 'the' time 
of its taking title, to the former owners of such realty ; to give the purchasers 
five (5) years in which to pay the purchase price with interest from the date 
of sale at the rate of four per centum (4%) per annum, and to require such an- 
nual curtailment of principal as such sinking fund commission shall decide : 
Provided, That this section shall apply to lands now owned by such commission 
1933, XXXVIII, 175. 

This section added by 1933/175. 

Oconee County 

§ 4689. Salaries and Bonds of Certain Officers.— The salaries of officers of 
Oconee County where not otherwise provided for by law shall be as follows: 
Supervisor and the clerk of court (at the beginning of the clerk's next 
term and in lieu of all fees and costs) $1,800.00; superintendent of edu- 
cation, $1,350.00; sheriff, deputy and rural police, each $1,200.00; judge of 
probate, $1,000.00; advisors to supervisors, each, $100.00; steward of county 
farm, $500.00 ; coroner, $200.00. 

(b) When not otherwise provided for, the supervisor is authorized and 
directed to pay the salaries and the bond premiums or any part of them of 
any county official from the contingent fund, or if that be not sufficient, the 
county auditor is empowered and directed to levy an annual tax on property 
sufficient to pay the same and the revenues therefrom are hereby appropriated 
to that purpose. 



195 Code of Laws of South Carolina § 4694 

(c) The following officers shall be bonded as follows: Comptroller and 
treasurer, each, $40,000.00; supervisor, $15,000.00; superintendent of educa- 
tion and sheriff, each, $15,000.00. 1933, XXXVIII, 334; 1934, XXXVIII. 1450. 
Cited in Glyniph v. Smith, 170 S. C. 486 ; 170 S. E. 913. 

§ 4692. Road Tax. — All able-bodied male persons between the ages of 21 
and 50 years, inclusive, residing in Oconee County, shall pay an annual com- 
mutation road tax of one dollar, which shall be included in the taxpayer's re- 
turn to the auditor, and shall be paid as and when other taxes are paid. The 
tax herein provided for if not paid when due shall be subject to the same 
penalties and collected by executions as are other taxes : Provided, That min- 
isters of the Gospel in charge of congregations, persons disabled in the military 
service of this state or of the United States, Confederate veterans, school trustees, 
persons physically unable to do manual labor, and persons residing within any 
corporate city or town of said county, are exempted from paying said tax : 
Provided, further, That any person claiming exemption from the provisions 
of this section on the ground of physical disability where the same is not ap- 
parent, shall furnish a certificate of disability from a reputable physician. 
1933, XXXVIII, 22. 

This section amended by 1933/22. The one physician instead of two for persons 
principal changes made were ; taxes re- claiming exemption from tax on account of 
duced to $1.00 from $2.50 ; certificate from physical disability ; the penalty changed. 

§ 4693. Method of Collection.— Repealed by 1933 Acts, page 22. 

§ 4694. Comptroller. — (1) Office Created. — There is hereby created the 
office of comptroller for Oconee County. 

(2) Appointment — Qualification — Term — Pay. — The comptroller shall be 
appointed and removed by the Governor upon the recommendation of the county 
senator with the county members of the house of representatives or a major 
fraction of them. The comptroller shall be a person fully capable of keeping 
and auditing the books of the county; he shall hold office for a term of four 
years and until his successor is appointed and qualified; he shall receive as 
compensation twenty-four hundred ($2,400.00) dollars a year, payable monthly 
on vouchers of the supervisor. 

(3) Powers. — The comptroller is hereby invested with full authority at all 
times to require all officers of the county to submit all records, books, papers, 
moneys and deposits for his inspection and supervision; he is invested with 
full authority to take charge of and safely keep all moneys for the retirement 
of bonds whether they be county, township, or school district bonds, and to 
deposit, lend, or invest the same with the written approval of the board of 
advisors hereinafter provided for. 

(4) Duties — Secretary. — (1) It shall be the duty of the comptroller 
and his office to carefully supervise each and every office of the county col- 
lecting or disbursing moneys and to see that the laws governing them are 
strictly observed. (2) He shall monthly examine the collections of all officers 
collecting moneys, and shall see that all such moneys are promptly paid into 
the hands of the treasurer ; he shall monthly assist the treasurer in making proper 
distribution according to law of all funds coming into the hands of the treas- 
urer; he shall likewise each month assist the superintendent of education in 
making the proper allotment of school funds to each school district of the 
county. (3) The comptroller shall keep a set of books in which he shall 
carry a separate account for each item for which any taxes are collected or 



§ 4694 1934 Supplement 196 

moneys are appropriated. He shall each month credit the several accounts 
with any collections made during the month previous for that account, and 
shall charge to the several accounts the sum total of any disbursements made 
against each account as appears from the books of the several offices, car- 
rying forward each month the balance remaining to the credit of that account. 
He shall furnish the treasurer and each officer authorized to issue vouchers 
a statement each month of the balance to the credit of each account on whicl 
the officer is authorized to issue vouchers. (4) The comptroller shall make 
and keep an account of all bonds owing by the county, townships, or school 
districts, together with the dates of maturity, and all moneys for retiring 
the bonds whether current collections or sinking funds. He shall from time 
to time ascertain and report in writing to the supervisor and the county del- 
egation to the general assembly whether the several funds will be sufficient 
to pay the bonds and interest when due. (5) The comptroller is specifically 
charged with the duty of enforcing the law that no warrant or voucher shall 
be honored and no check issued in excess of the moneys provided for any par- 
ticular purpose, and to this end he shall report to the grand jury all over- 
drafts against any account and the officer responsible for same. When any 
fund is exhausted he shall notify the county delegation to the general assem- 
bly, the treasurer, and the supervisor or superintendent of education accordingly 
as the supervisor or superintendent of education issues vouchers against the 
fund. (6) The comptroller shall, not later than the first day of April, 1933, 
take over from the sinking fund commission of Oconee County as now con- 
stituted all moneys, bonds, notes, contracts, or other evidences of debt owned 
by or due to the county, townships, or the several school districts. By and with 
the written approval of the board of advisors, the comptroller shall deposit and 
safely keep, or lend, or invest all moneys belonging to any sinking fund and 
coming into his hands. He may with the written approval of the board of 
advisors, when in their judgment it would be to the best interest of any sink- 
ing fund involved, sell any bonds, notes, contracts, or other evidences of debt 
in which the sinking fund may be invested. He shall monthly apply for and 
receive from the treasurer all moneys collected for the retirement of bonds 
whether the same be sinking funds or collections for current payments on 
principal or interest of bonds. At the expiration of his term of office whether 
by resignation, removal, or limitation of time, the comptroller shall faithfully 
account to his successor for all matters handled by him, and shall deliver to 
his successor all books, records, papers, moneys, bonds, notes, contracts and 
other evidences of indebtedness in his hands belonging to the county, townships 
or any of the school districts. (7) The comptroller shall appoint a secre- 
tary to himself who shall receive six hundred ($600.00) dollars per annum 
payable monthly on vouchers of the supervisor. The secretary shall keep 
under the direction of the comptroller the records of his office, and shall assist 
in the performance of the duties herein required of the comptroller. The comp- 
troller's office shall act as clerk to the supervisor. 

(5) Board of Advisors to Comptroller — Duties and Powers — Deposits. — 
For the purpose of safely handling and preserving the moneys for the re- 
tirement of bonds of the county, townships, and school districts, whether cur- 
rent collections for payment of bonds or interest, or whether sinking funds, 
three discreet men of the county to be appointed by the county senator, to- 
gether with the members of the house or a major fraction of them, shall con- 
stitute a board of advisors to the comptroller. They are authorized and em- 



197 Code of Laws op South Carolina § 4695 

powered to advise with and approve all deposits, investments and loans of 
moneys in the hands of the comptroller for the payment of county, township or 
school district bonds, and the sale of any bonds, notes, contracts, or other evi- 
dence of debt held by the said comptroller for any of said funds. And no 
deposit, investment, loan, or sale shall be made by the comptroller without 
the written approval of the said board of advisors. 

(6) Payment of Principal and Interest on Bonds — Vouchers. — The 
comptroller and his board of advisors are charged with the payment of the 
principal and interest of all bonds from moneys which are in their keeping 
for payment of same. All vouchers shall be signed by the comptroller and 
countersigned by each of the board of advisors. 

(7) School and County Funds — Separation — Depositories. — The comp- 
troller is authorized and empowered, and it shall be his duty, to require the 
treasurer to segregate and keep separate the school funds of the county from 
the ordinary county funds, and to direct the depositories for said funds. 

(8 : ) Oath — Bond. — The comptroller before assuming the duties of his 

office shall take and subscribe the oath required of other fiscal officers, and 

shall enter into bond in the sum of $40,000.00 with some authorized guaranty 

or bonding company as surety thereon, conditioned for the faithful performance 

of his duties. The premiums for said bonds shall be paid on the vouchers of 

the supervisor of the county. 1933, XXXVIII, 66, 162; 1934, XXXVIII, 1449. 

§ 4694, 1932 Code, repealed by 1933 acts, 162; 1934/1449. The old section number is 
page 13. This section added by 1933/66, retained for convenience. 

Orangeburg County 

§ 4695. Highway Commission Created — County Divided into Road Dis- 
tricts. — There is hereby created a commission for Orangeburg County, to be 
known as the Orangeburg County highway commission. The county of Orange- 
burg is hereby divided into five (5) road districts which are designated and 
bounded as follows : 

Northern Road District : All that portion of Orangeburg County included 
in a line commencing at the city of Orangeburg and following the North 
Edisto River to the Orangeburg-Lexington County line, extending northeast 
to the Orangeburg-Calhoun County line, following the Orangeburg-Calhoun 
boundary line in a generally easterly direction to a point opposite the head of 
Four Hole Swamp, and then southerly to the Five Chop Public Road, and 
then running westerly along said road to the city of Orangeburg. 

Eastern Road District : All that portion of Orangeburg County lying east 
and situate east of a line commencing at a point on the Orangeburg-Calhoun 
County line opposite the head of Four Hole Swamp, extending in a southerly 
direction to the head of Four Hole Swamp and following the said Four Hole 
Swamp to the Orangeburg-Dorchester County line. 

Southern Road District: All that portion of Orangeburg County included 
in a line commencing at the city of Orangeburg and following the Five Chop 
Public Road to a point opposite the head of Four Hole Swamp, then along 
the western boundary line of the eastern road district to the Orangeburg- 
Dorchester County line, then following the said Orangeburg-Dorchester County 
line to the Edisto River, then following the said Edisto River and the North 
Edisto River to the city of Orangeburg. 



§ 469G 1934 Supplement 198 

Fork Road District : All that portion of Orangeburg County included in a 
line commencing at the city of Orangeburg and running south along the west- 
ern boundary of the southern road district to the forks of Edisto River, and 
northwesterly along the South Edisto River to where the Seaboard Railway 
crosses the said river, then north along the said railroad line to the Ninety 
Six Road in the town of Neeses, then easterly along the said Ninety Six Road 
to the city of Orangeburg. 

Western Road District : All that portion of Orangeburg County lying and 
situate west of the western boundary of the Fork Road district and south 
of the North Edisto River. 1932, XXXVII, 1428. 
All of this section except the first sentence is new, 1932/1428. 

§ 4696. Commissioners — Election — Term — Removal — Vacancies — Powers. — 

There shall be elected by the qualified electors, as hereinafter provided, a 
county highway commissioner for each of the road districts hereby created. 
The commissioner for the Northern Road district shall be elected by the 
qualified electors residing in the district and by the qualified electors residing 
in wards 1 and 3 of the city of Orangeburg. The commissioner for the Southern 
Road district shall be elected by the qualified electors residing in the district 
and by the qualified electors residing in ward 5 of the city of Orangeburg. 
The commissioner for the Fork Road district shall be elected by the qualified 
electors of that district and of the qualified electors residing in wards 2 and 
4 of the city of Orangeburg. The other commissioners shall be elected by the 
qualified electors of the respective road districts. The commissioners thus 
elected shall constitute the Orangeburg County highway commission, and shall 
hold their office for four years and until their successors are elected and 
qualified, and shall be subject to removal by the Governor upon recommendation 
of a majority of the delegation from Orangeburg County in the general as- 
sembly, and the majority of the said commission shall select one of their 
number as chairman to preside over all meetings of the said commission, and a 
vice-chairman to preside in the absence of the chairman. All vacancies in said 
commission shall be filled by the Governor upon the recommendation of a ma- 
jority of the Orangeburg delegation in the general assembly. The several 
commissioners shall have exclusive control and management of the roads in 
their respective townships now, or hereafter designated as township roads. 
The various chaingangs of the county shall continue to be under the control 
of the Orangeburg County highway commission, which shall assign the sev- 
eral gangs as the needs of the county require, and so that the benefits thereof 
shall be equitably distributed among all the people of the county; but when 
any chaingang shall have been assigned to any road district, it shall at all 
times be under the control of the Orangeburg County highway commission, 
in the performance of work in such road district to which it has been as- 
signed. The said commission shall, by such rules and regulations as it may 
make, determine and provide generally the methods and means by which each 
commissioner shall construct and/or maintain the roads in his particular dis- 
trict under his individual control, provided that such regulation shall be so 
made as to fairly and equitably care for the roads in each district as far as 
the resources available for such purpose shall allow. 1932, XXXVII, 1428. 

Prior to 1932/1428 before the word "shall" are qualified electors of Orangeburg County, 

second sentence, this section read : "The The said commissioners." All after thf 

said Orangeburg County highway commis- word "Assembly," line 20, was added by 

sion .shall be composed of five citizens, who said Act. 



199 Code of Laws of South Carolina § 4723-1 

§ 4699. Duties and Powers of Commissioners — Director of Maintenance — 

Vouchers. 

By 1933/561 the office of county engineer tenance, who is to be elected by the county 
was abolished, and the duties of the said highway commission. 
were devolved upon the director of main- 

§ 4723-1. Compensation of Auditor, Treasurer, Clerk of Court, Judge of 
Probate and Sheriff. — (1) Salaries in Lieu of Fees. — In lieu of the retention 
of all fees, costs and charges under the general laws as well as under special 
provisions in the general law the treasurer, auditor, clerk of court, judge of 
probate, and sheriff of Orangeburg are entitled to collect, and of any and 
all sums paid them on account of compensation or otherwise, the said officers 
of said county, beginning January 1, 1933, shall be paid such salaries as may 
be prescribed by the general assembly and annually appropriated by it for 
such purpose, and shall have such clerical or other assistance as may be so 
provided. 

(2) Collection of Fees — Records — Monthly Settlements. — -The said 
county officers shall separately keep in duplicate accurate and completely item- 
ized accounts of all fees collected, which shall in all cases (other than judicial 
sales), be collected in cash in advance, except that reasonable credit terms may 
be extended to the government of the United States, the state of South Caro- 
lina, and any department or subdivision of either, and on or before the tenth 
day of each calendar month they shall deliver one copy sworn to by said 
officers, respectively, to the treasurer of said county together with payment 
to said treasurer in full of all fees, costs and charges collected during the 
preceding calendar month ; Provided, further, That the official bonds of such 
officers shall be responsible for any failure to collect and pay the same to the 
treasurer. 

(3) Settlement Necessary to Receive Salary. — Upon the filing of such 
sworn, itemized statement and it appearing correct in form to the said treas- 
urer and payment of the sum thereby shown to be due having been made, the 
treasurer shall certify to the county board of commissioners that such officer 
has complied with the provisions of this section and until receipt of such 
certificate the said board shall not pay to any county officer affected hereby 
his salary for the preceding month. 

(4) Forms — Statements to Become Permanent Records. — The forms for 
the account and statement and the certificate hereby required may be pre- 
scribed and furnished by the Orangeburg County highway commission, and 
each officer required to keep and submit such shall retain one copy of each 
monthly statement as a permanent public record of his office, and the treas- 
urer shall likewise preserve as a permanent and public record of his office the 
sworn monthly statement submitted to him by each officer, the same to be 
filed in an orderly manner and readily accessible. 

(5) Penalty for Violation. — Violation of any of the provisions of this sec- 
tion by any officer of Orangeburg County shall be deemed to be a misfeasance 
in office and ground for removal therefrom and shall be a misdemeanor and 
upon conviction thereof any officer so convicted shall be subject to a fine 
not exceeding five hundred ($500.00) dollars or imprisonment for not ex- 
ceeding one (1) year, or both, in the discretion of the court. 1932. XXXVII, 
1390. 

This section is new, 1932/1390. 



5 



§ 4723-2 1934 Supplement 200 

§ 4723-2. Expense Allowance of Sheriff on Official Business Outside of the 
County. — For traveling- expenses beyond the limits of Orangeburg County on 
official business the sheriff of Orangeburg County shall, when such travel is 
made by automobile, be allowed six (6c) cents per mile going and returning, 
and when by rail, the actual cost of such transportation, and on such business 
Avhich necessitates his absence from the county for a longer period than twenty- 
four hours, he shall also be allowed four ($4.00) dollars per day to cover 
subsistence and hotel expenses. In transporting prisoners from beyond the 
limits of Orangeburg County in addition to such items of expense as are al- 
lowed herein, he is also allowed the actual expense necessarily incurred in 
transporting such prisoners. Before any item of expense shall be approved 
or paid under the terms of this section, the same shall be itemized in writing 
and sworn to by the sheriff unless such expenses shall have been incurred by 
an agent duly appointed by him, or by a deputy or other officer serving 
under or for the sheriff, then in such event such itemized statement of expense 
shall be sworn to by the officer who actually incurred the same and shall be 
approved in writing by the sheriff. 1932, XXXVII, 1344. 

This section is new, 1932/1344. 

§ 4723-3. County May Issue Certificates of Indebtedness for County Ex 
penses. — (1) When. — "Whenever it is impossible to pay in cash for the op- 
erating expenses of Orangeburg County as provided by law, or as ordered by 
written instructions of the county legislative delegation filed with the county 
treasurer, either because of the non-collection of taxes or the inability to bor- 
row money in anticipation of the payment of current taxes, the county high- 
way commission is authorized to request from time to time the treasurer to 
issue temporary certificates of indebtedness against the collection of said 
taxes and to deliver such certificates in lieu of cash to the officers, employees 
and creditors of Orangeburg County in the sum due : Provided, however, The 
authority herein conferred shall terminate at any time upon written instruc- 
tions to that effect by the county legislative delegation. Provided, That the 
amount of certificates shall not exceed the amount of the supply bill. 

(2) Execution — Denominations — Amount. — The treasurer shall thereupon 
issue and sign the said certificates in convenient amounts and denominations, 
not less than one nor more than twenty dollars each, but in no case shall the 
total amount of such certificates exceed sixty-five (65%) per cent, of the taxes 
in anticipation of the collection of which the said certificates are issued. 

(3) Payees — Negotiable — Endorsement. — The said certificates shall be 
originally issued to the individual officer, emploj^ee, or creditor of the said 
county, but upon endorsement by such payee shall be negotiable and the title 
thereto shall pass to subsequent holders by delivery with no further endorse- 
ment. Upon request, the treasurer or his deputy shall witness and attest 
such endorsement, which shall be conclusive evidence thereof. 

(4) Interest — Maturities. — Such certificates of indebtedness shall bear 
interest from the date of issuance until maturity at the rate of six (6%) per 
cent per annum, and each certificate shall bear on its face its date of maturity, 
not later than March 1 of the succeeding year, as shall be determined by the 
county treasurer. 

(5) Accept in Payment of Taxes. — Such certificates shall be received by 
the county treasurer at any time in payment of taxes due Orangeburg County 



201 Code of Laws of South Carolina § 4733 

or any school district therein at the face value, plus accrued interest to the time 
of such receipt. 

(6) Payment. — The payment of the said certificates shall be secured by 
the taxes in anticipation of the payment of which the certificates were issued, 
and by the full faith, credit, and taxing power of the said county. Should 
the pledged revenue be insufficient to retire the indebtedness the auditor shall 
levy and the treasurer collect a sufficient tax to retire the said certificates. 

(7) Duty of Treasurer. — The treasurer shall number and keep a record 
of all such certificates issued and upon payment of each it shall be cancelled 
by perforation, and such payment be entered upon the record thereon. 

(8) "Action by Legislative Delegation'' Defined. — Whenever reference is 
made herein to action by the legislative delegation it shall mean action by the 
senator and a majority of the representatives from Orangeburg County. 1933, 
XXXVIII, 485. 

This section added by 1933/485. 

Richland County 

§ 4733. County Attorney. — (1) Election — Term — Duties. — There shall 

be elected from the members of the Richland County bar association, by the Rich- 
land County legislative delegation, a county attorney for Richland County, 
who shall serve for a period of one year from the date of his election or until 
his successor shall be elected and shall qualify, and whose duty it shall be to 
represent and defend the county of Richland and all of its officers in any of 
the courts of this state, or of the United States, to bring all actions and pro- 
ceedings that may be necessary to enforce the payment and collections of any 
claims existing in favor of Richland County, or any of its officers, boards or 
agencies, and especially to collect all claims and demands that may become 
due and payable to the board of trustees of the Columbia Hospital, to advise 
the supervisor and board of township commissioners for Richland County 
in all matters wherein they may seek the advice of counsel. The county at- 
torney shall meet with the legislative delegation of Richland County whenever 
so requested for the purpose of advising them as to any matters that may 
properly come before the said delegation. He shall at all times advise the 
Richland County legislative delegation, or the members thereof, in matters 
pertaining to the proper performance of their duties as legislators for Rich- 
land County. 

(2) Discharge. — The Richland County legislative delegation shall have the 
power to discharge the county attorney so selected by the delegation at any 
time a majority thereof may see fit. 

(3) County Officials Not to Employ Other Counsel. — It shall be unlaw- 
ful for any officer, or officers, board or other agency of Richland County to 
employ any other attorney than the Richland County attorney in any matter 
whatsoever, or to agree to pay any attorney for any services that might be 
rendered for them, out of any of the public funds of Richland County without 
the consent of a majority of the Richland County legislative delegation. 

(4) Compensation. — The county attorney for Richland County shall receive 
as compensation for his services the sum of twelve hundred ($1,200.00) dol- 
lars per annum, payable in equal monthly installments by the county treas- 
urer out of county funds, upon the warrant of the county supervisor. 1932, 
XXXVII, 1201. 



§ 4737-1 1934 Supplement 202 

This section is new as it is, 1932, p. 1201. p. 1201. 
Original § 4733 was repealed by 1932 Acts, 

§ 4737-1. Condemn Lands for Sewerage Disposal Plant for U. S. Veterans' 
Hospital — Procedure. — The county board of commissioners of Richland County 
are hereby authorized and empowered to condemn any real estate in Richland 
County for the purpose of erecting a sewerage disposal plant and its necessary 
rights-of-way for the United States Veterans' Hospital, and the condem- 
nation proceedings shall be the same as now provided by law. 1932, XXXVII, 
1178. 

This section is new, 1932 Acts, p. 1178. 

§ 4738-1. Allocation of Room in County Court House. — In order to provide 
office room for any additional office now created, or that may be hereafter 
created, or in order to arrange the offices in a more convenient manner for 
the public, it shall be the duty of the clerk of the court of Common Pleas 
and General Sessions of Richland County, upon written instructions from a 
majority of the legislative delegation from said county, to make such alloca- 
tions of space and office room, or to change any offices of officers now or here- 
after occupying offices in the county court house building, as directed by the 
legislative delegation, or a majority of them in such written instrument. 1932, 
XXXVII, 1279. 

This section is new, 1932 Acts. p. 1279. 

§ 4738-2. Members of Legislative Delegation Not to Serve on Certain 
Boards, Etc. — Vacancies. — No member of the Richland Delegation in the Gen- 
eral Assembly shall be eligible to appointment to membership on the board of 
Columbia township auditorium, the venereal clinic or on any such like organi- 
zation or board of the county of Richland or Columbia township, receiving 
financial aid from Richland County or Columbia township; and any such 
membership now held by any member of said delegation is hereby declared 
vacant. The vacancies created by this section and all vacancies from time to 
time shall be filled by a majority vote of the delegation in the general assem- 
bly from Richland County ; where they are designated by law. 1932, XXXVII, 
1188. 

This section is new, 1932, p. 1188. 

§ 4738-3. Collection of Cost and Fees — Compensation of County Officers. — 
(1) Salaries in Lieu of Fees. — All public officers of Richland County shall 
be paid a salary in lieu of fees as follows, to wit : Sheriff, $4,500.00 ; auditor, 
$4,500.00; treasurer, $4,500.00; clerk of court, $4,500.00; probate judge, $4,- 
500.00; master in equity, $4,500.00; superintendent of education, $4,000.00; 
supervisor, $4,000.00. The salaries hereinabove provided to be in lieu of all 
fees of whatever nature or description : Provided, hoivever, That the county of 
Richland shall pay to the auditor and treasurer only such proportionate part as 
shall remain unpaid after applying state aid to such officers : Provided, how- 
ever, That officials hereafter taking office in Richland County shall take office 
subject to the right in the legislature to increase or decrease the salaries herein 
provided or hereafter provided for such office. 

(2) Fees — Amount. — The fees to be charged under this section shall be the 
same as are now prescribed by law. 

(3) County Treasurer Collect Fees Before Papers are Served, Filed, 
Recorded, Etc. — Exception in Sales When Fees to Come Out of Property 
to be Sold. — Before any paper shall be received for service, filing, recording 



203 Code of Laws of South Carolina § 4738-3 

or other action, the same shall be delivered to the county treasurer, who shall 
require the fees, charges and costs thereon to be paid in advance ; and upon 
receiving such payment, shall endorse the amount received on such paper and 
deliver the same to the proper office, or officer, for such action as may be re- 
quired. And no paper, pleading, or other instrument shall be filed in the court 
of common pleas in the Richland County court or probate court, unless and 
until the proper fees thereon shall have first been paid ; and no decree or order 
shall be signed, made, executed or become effective until all fees due thereon 
have been paid to the county treasurer as herein provided for: Provided, 
however, That when it is necessary for any order or decree to be made for 
the purpose of ordering the sale of property as now provided by law, where 
the funds derived therefrom are to be paid into court, or where officers are 
directed by law to make sale, and where the cost of the act, or actions, is to be 
paid out of the funds derived from the sale, then the court, or officer em- 
powered to sign, make, or execute any order, or instrument, under existing 
laws, shall sign, make, or execute such order, or instrument, and the same shall 
become effective without the payment of fees or costs thereof to the county 
treasurer; but upon the sale being made, the officer charged with the duty of 
making the sale shall within ten days, out of the proceeds therefrom, pay the 
fees and costs incurred to the county treasurer, taking his receipt therefor. 

(4) Officers Not to Receive, Record, File or Act on Papers Unless Fees 
are Paid — Only Authorized Officers to Collect Fees — Unlawful. — It shall 
be unlawful for any official of Richland County to receive, record, file, serve or 
act upon or in relation to any paper, document or pleading unless and until 
the proper fees, costs and charges thereon shall have been paid first to the 
county treasurer as hereinabove provided. It shall also be unlawful for any 
official of Richland County to receive or collect, any cost, fee, or fees, for the 
purpose of paying over, or transmitting same, to the county treasurer, except 
in cases where such official is now or may be hereafter charged by law, or 
decree of court, with the duty of selling property : Provided, This subsection 
shall not apply to magistrates who collect taxes, fees or penalties in the dis- 
charge of their official duties. 

(5) Clerical Help to be Provided. — In addition to the salaries provided for 
in subsection 1, the county delegation shall, from year to year, provide for such 
clerical help and other assistance as to it may seem right and proper for the 
conduct of business of the county in the several public offices, said provisions 
to be contained in the annual supply bill : Provided, however, That the public 
officials of Richland County mentioned in subsection 1 shall not, in any manner, 
profit by the moneys paid for clerical help, or other assistance, which amounts 
shall be paid only on vouchers properly drawn, which shall be sworn to by 
the claimants and passed upon by the county commissioners, as other claims 
against the county. 

(6) Officers to Keep Separate Record of Fees Paid, Etc. — Each public 
officer of Richland County shall keep a complete record of every instrument 
filed, recorded or acted upon and amount of the fees paid therefor, which shall 
be open to inspection by any citizen of Richland County at any time. 

(7) Section Not Applicable to Criminal Proceedings. — Nothing in this 
section shall be deemed, held, or construed to apply to criminal process or cases. 

(8) Misdemeanor to Violate — Penalty. — Any official violating any of the 
terms, conditions, or provisions of this section shall be guilty of a misdemeanor 



§ 4755 1934 Supplement 204 

and upon conviction shall be subject to a fine of not more than five hundred 
($500.00) dollars, or imprisonment for not more than twelve (12) months, 
either or both, in the discretion of the court, and shall be immediately re- 
moved from office by the Governor. 1932, XXXVII, 1178. 

This section is new, 1932 Acts, p. 1178. See § 4934-1 for schedule of fees. 

Spartanburg County 

§ 4755. County Board — Term — Duties — Powers. — * * 

(2) Direct Expenditures of County Appropriations. — The county board 
of control of Spartanburg County, or such other governing body as may now ex- 
ist or may hereafter be created, shall have authority and it shall be their duty 
to regulate the expenditure of money appropriated by the general assembly 
of the state of South Carolina for the several departments and agencies of 
Spartanburg County for the fiscal year beginning July 1, 1933, and ending 
July 1, 1934, and each year thereafter, and the said county board of control is 
hereby vested with the authority, and is directed to prevent the expenditure of 
more money by any department in the county than is necessary for the proper 
administration of the affairs of such department. 1933, XXXVIII, 358. 

Subsection 2 added by 1933/35S. 

Authority to Use State Funds to Pay to see that their salaries are paid when the 
Teachers. — The county board has no au- State furnishes the money. Innian School 
thority as to the appropriation made by the District v. Law, 166 S. C, 304, 164 S. E., 
State for the payment of teachers, except 839. 

4756-1, County Board May Borrow in Anticipation of Tax Collections. — 

(1) Amount. — The county board of Spartanburg County in anticipation of 
the collection of taxes in any year, may borrow upon the faith and credit of the 
county of Spartanburg a sufficient sum or sums of money to pay, in advance 
of the collection of taxes therefor, the current ordinary county expenses, 
school claims and past due claims against the county, and as security for the 
repayment of such loans, with interest may pledge the taxes to be collected 
and applicable to the claims for the payment of which said money shall have 
been borrowed : Provided, The amount borrowed in any year for any of said 
purposes shall not exceed the tax levy therefor for that year and that the rate 
of interest shall not exceed seven (7%) per centum per annum. 

(2) Form of Obligations. — The obligation for the repayment of such loans 

shall be substantially as follows : $ office of county board of 

Spartanburg County, Spartanburg, S. C, 193 On or 

before the day of 193 , the county of Spartan- 
burg promises to pay unto , or order, the sum of 

$ dollars with interest from at per 

cent, per annum; for money borrowed to pay (here insert the purpose of the 

loan) for the fiscal year beginning July 1, 193 , under authority of the 

Act of the General Assembly of South Carolina passed at the regular session 
of 1932. To secure the payment of said sum and interest, if any be due, the 
taxes of said county to be collected and applicable to claims for the payment 
of which this money is borrowed, as aforesaid for said fiscal year and hereby 
pledged to the payee hereof, or order. Witness the hand and official seal of the 
said county board of Spartanburg County, attested by the clerk of said board, 
the day and year first above written. 



205 Code of Laws op South Carolina § 4761 

County Board of Spartanburg County 

This note payable By 

Attested by : 

Clerk of County Board of Spartan- Chairman. 

burg County. Countersigned by 

Treasurer of Spartanburg 

County. 
(3) Executed Claims Lien on Taxes Pledged. — Obligation substantially in 
the above form shall when duly executed and attested constitute a valid claim 
against the county of Spartanburg, and the same shall be a prior and preferred 
lien upon the taxes pledged for the payment thereof. 1932, XXXVII, 1410. 
This section is new, 1932/1410. 

§ 4757. Township Road Supervisors. — Repealed by 1934/1557. 

§ 4758. Powers and Duties.— Repealed by 1934/1557. 

§ 4760. Township Road Supervisors to Expend Fund. — Repealed by 1934/ 
1557. 

§ 4761. Supervisor. — (1) Office Created. — There is hereby created the 
office of county supervisor for Spartanburg County. 

(2) Appointment — Election — Salary — Term. — The county supervisor for 
Spartanburg County shall be appointed by the Governor upon the recommenda- 
tion of a majority of the legislative delegation from Spartanburg County, 
and he shall hold office for a term ending January 1, 1935, and until his suc- 
cessor has been duly elected and qualified at a salary to be provided annually 
in the county supply bill, beginning with the primary elections in 1934, and 
each two years thereafter, the supervisor for Spartanburg County shall be 
elected by the people, and take office on January 1st, or as soon thereafter as 
possible. 

(3) Bond. — The county supervisor for Spartanburg County shall enter into 
bond in the sum of five thousand ($5,000.00) dollars, conditioned upon the 
faithful performance of his duties and the surety on said bond shall be some 
surety company licensed to do business in this State. 

(4) Duties and Powers — Clerk. — The county supervisor for Spartanburg 
County shall be the administrative head of the county government for Spartan- 
burg County and he shall devote his full time to the work. He shall be re- 
sponsible to the county board of Spartanburg County for the proper adminis- 
tration of all affairs of the county within his jurisdiction. The county super- 
visor is authorized and required to employ a competent office assistant, to be 
known as the clerk to the county supervisor, who shall be required to be in 
the office of the county supervisor daily within reasonable office hours and 
to keep the books, accounts and records and to perform the clerical work of 
said office, and to perform such duties as may be imposed upon him by the 
county supervisor and/or the county board. 

(5) Appointees — Removal. — Any clerk or employee of the county ap- 
pointed by the county supervisor or upon his authorization may be removed 
or suspended from office or employment by the county supervisor. 

(6) Supplies — Purchase. — The county supervisor shall be the sole purchas- 
ing agent of the county, and he is hereby charged with the responsibility 

14— s. c. c. 



§ 4761 1934 Supplement 206 

and duty of making all purchases for and on behalf of the county and all 
county officials. When any officer, agent, or department of the county of 
Spartanburg desires to purchase any equipment, material, merchandise, sup- 
plies, etc., a requisition for same shall be filed with the county supervisor, 
who, after obtaining the approval of the county board of Spartanburg County, 
shall purchase such article or articles after giving ten days' public notice by 
posting same in front of the court house requesting prospective bidders to 
submit bids on such equipment, material, merchandise and supplies, etc., 
at a fixed time and place, and the said county board and county supervisor 
shall accept such bid or bids as they may deem for the best interest of the 
county : Provided, however, the county supervisor may, Avith the consent and 
advice of the county board of Spartanburg County, make purchases without 
advertising for bids where the amount involved does not exceed the sum of 
one hundred ($100.00) dollars at any one time. Provided, further, That all 
equipment, material, merchandise, supplies, etc., used by the Spartanburg 
County general hospital shall be bought by or under the direction of the 
board of trustees of the Spartanburg County general hospital. Provided, 
further, The county board of Spartanburg County shall purchase all items 
except those used by the Spartanburg general hospital and the county high- 
way department. 

(7) Construct and Maintain Bridges and Highways — Supervise Expen- 
ditures for Home for Poor and County Farm. — The county supervisor is 
charged with the responsibility and duty of maintaining all county highways 
and bridges of the county and to this end he is vested with authority to em- 
ploy servants, agents and skilled persons to serve in the construction, main- 
tenance and repair of such highways and bridges. The county supervisor 
shall have supervision of all expenditures incident to the maintenance of the 
county's home for the poor and the county farm. 

(8) Custody and Upkeep of Public Property — Use Convict Labor. — 
The supervisor is charged with the custody and upkeep of the public build- 
ings and public grounds of the county, and whenever in his judgment and 
in the judgment of the county board convict labor can be safely employed 
for any of the aforesaid purposes he is authorized to use the same. 

(9) Report Monthly — File Budget Annually. — The county supervisor 
shall make regular monthly reports to the county board and to the Spartan- 
burg County legislative delegation in regard to matters of administration 
and keep the county board and the delegation fully advised as to the financial 
condition of the county. He shall prepare and submit an annual budget for 
the information of the legislative delegation and of the county board. 

(10) Manage Chain Gangs — Number. — The county supervisor shall have 
the control and management of all convict labor and of the chain gangs of 
the county. The number of chain gangs to be maintained in Spartanburg 
County shall not exceed four (4). The authorities are directed to forthwith 
bring about a consolidation of the present chain gangs so as to comply with 
these requirements to the end that expenses of maintenance of the chain gangs 
will be reduced. 

(11) Offices of Township of Road Supervisors — Duties Devolved. — 
All duties as were conferred upon the township road supervisors by former 
§ § 4757, 4758 and 4760, 1932 Code, are hereby conferred upon the supervisor 



207 Code of Laws op South Carolina § 4779-1 

of Spartanburg County, and he shall also have the powers enjoyed by them. 

1933, XXXVIII, 394; 1934, XXXVIII, 1435, 1577. 

§ 4761 repealed by 1933 Acts, page 394. 1934/1577, 1435. The old section number is 
The present section comes from 1933/394 ; retained for convenience. 

§ 4762. General Hospital — Supervision — Supplies. — The county board and 

county supervisor are to have general supervision over the Spartanburg 

County general hospital and purchase of supplies of all kinds therefor shall 

be made by the county board and county supervisor upon requisition by the 

board of trustees of the hospital, or of the manager or superintendent thereof, 

a»' the trustees may direct. 1933, XXXVIII, 394. 

§ 4762 repealed by 1933 Acts, page 394. The old section number is retained for con- 
The present section comes from 1933/394. venience. 

§ 4763. Attorney — Election — Duties — Pay — Term. — The county board shall 
elect a county attorney who shall serve as legal adviser to the county board, 
the county supervisor, and all county officials and to act as attorney for the 
county in any suit instituted by or against the county and to perform such 
other duties as may be prescribed by the county board and the county super- 
visor. The compensation of the county attorney shall be fixed by the legis- 
lative delegation from Spartanburg County. His term of office shall be co- 
existent with the term of office of the members of the legislative delegation. 
1933, XXXVIII, 394. 

§ 4763 repealed by 1933 Acts, page 394. The old section number is retained for con- 
The present section comes from 1933/394. venience. 

§ 4764. Contracts — Parties. — No member of the county board or other 
officer or employee of the county, or person receiving a salary or compensa- 
tion from funds appropriated by the county, shall be interested directly or 
indirectly in any contract to which the county is a party, either as principal, 
surety, or otherwise; nor shall any such officer or employee or his partner, 
agent, servant or employee or the firm of which he is a member purchase 
from or sell to the county, any personal property, nor shall he be interested, 
directly or indirectly, in any work or service to be performed for the 
county or in its behalf. Any contract made in violation of any of these pro- 
visions shall be void. 1933, XXXVIII, 394. 

§ 4764 repealed by 1933 Acts, page 394. The old section number is retained for con- 
The present section comes from 1933/394. venience. 

§ 4765. Quarterly Report — Grand Jury to Examine. — Repealed by 1933 
Acts, page 394. 

§ 4766. Purpose of Article— Order of Work. — Repealed by 1933 Acts, 
page 394. 

§ 4767. Location and Relocation of Roads — Power of Condemnation. — Re- 
pealed by 1933 Acts, page 394- 

§ 4768. May Have Work Done by Contract or Chain gang or Hired Labor. — 
Repealed by 1933 Acts, page 394. 

§ 4779. Supervising Auditor.— Repealed by 1932 Acts, page 1384. 

§ 4779-1. Special Auditor 1 . — (1) Creation — Appointment — Bond — Term 
— There is hereby created the office of special auditor for Spartanburg County. 
The appointment to this office shall be made by and shall be removed, for cause, 
by the Governor, upon the recommendation of the majority of the legislative 
delegation from Spartanburg County. Upon the appointment of such auditor 



§ 4780 1934 Supplement 208 

he shall be required to give bond in the sum of five thousand ($5,000.00) dollars, 
by a surety company for the faithful performance of his duties as said auditor, 
and the county board for Spartanburg County is hereby required to pay all 
costs and expenses incident to the same out of the general fund of said county. 
The term of office of said auditor shall be for a period of two (2) years. 

(2) Duties and Powers. — It shall be the duty of the special auditor to make 
a full and complete audit of the affairs of Spartanburg County as of the fiscal 
year ending June 30th of each year, and such audit shall be completed on or be- 
fore the 15th day of October of each year, and a copy of same shall be delivered 
to each member of the Spartanburg County legislative delegation. The audit 
shall embrace a detailed report upon the affairs and records of the county treas- 
urer, county board, general hospital, judge of probate, county highway commis- 
sion, clerk of court, sheriff, magistrates, and all other county officials. It shall 
be the further duty of the special auditor to supply the county delegation with 
any special reports or information requested during the year. The special audi- 
tor shall assist county officials in installing or keeping of records when not en- 
gaged in the regular county's audit. When there is a transfer of the records 
from one official to another an audit shall be made of the affairs of such office. 
If any matters needing the attention of the grand jury should arise, such facts 
shall be disclosed to them in a special report. The said auditor is authorized and 
empowered to set up the correct figures on the books of the various offices as of 
June 30th of each year. 1932, XXXVII, 1389. 
This section is new, 1932/1389. 

§ 4780. Annual Audit of the Affairs.— Repealed ly 1932 Acts, page 1385. 

§ 4781-1. Bond Issues by County, or Any Political Sub-division thereof, 
Must Be Approved by Qualified Electors. — No bonds shall be issued by 
Spartanburg County or by any political sub-division in the county, including 
municipalities, unless the question of issuing and selling the bonds shall have 
first been submitted to the qualified electors of the county, the political sub- 
division or the municipality proposing to issue and sell the same, and shall 
receive at the hands of the voters a majority vote: Provided, That the pro- 
visions hereof shall not prevent the funding or refinancing of any bonds which 
may have heretofore been issued, but all such issues may be refunded or re- 
financed without the submission of the question to the qualified electors. 
1933, XXXVIII, 238. 

This section added by 1933/238. 

Sumter County 

§ 4783. Board of Commissioners — Number — How Appointed, Etc. — * * * 

In lieu of the publication heretofore provided for, the county board of Com- 
missioners of Sumter County shall cause to be published one time in both 
newspapers published in the county of Sumter, a consolidated statement of 
the annual audits of county affairs, together with the comments of such 
auditor; payment for such publication to be made out of the general funds 
of the County. 1934, XXXVIII, 1234. 
The above added by 1934/1234. 

§ 4784. Investment of Sinking Funds.—* * * (1) Provided, That said 
funds or other funds applicable for such purpose shall be on written direction 
of the legislative delegation, or a majority thereof, loaned to the several 



209 Code of Laws of South Carolina § 4814 

school districts of the county to relieve the present deficit of such school dis- 
tricts, at a rate of six (6%) per cent, interest per annum, the notes of such 
f school districts to be taken evidencing the indebtedness due thereunder, and 
if such loan be so made, the auditor and treasurer shall provide by levy a 
sufficient tax on such school districts to retire the same at the time of the 
maturity of such notes : Provided, further, That the county may borrow such 
sum as may be needed from said funds at the same rate of interest for its 
ordinary expenses, pledging the current year's taxes for the repayment of 
such loan. (2) Provided, That the said county board of commissioners are hereby 
authorized and empowered, if necessary to meet payments on the bonded debt 
of Sumter County, or the interest thereon, to borrow such sum or sums as 
may be necessary to meet such payment or payments (in lieu of selling any 
of the securities purchased under the authority of this section) pledging as 
security for such loan or loans any or all of said bonds or securities pur- 
chased by authority of this section. 1932, XXXVII, 1407 ; 1933, XXXVIII, 263. 
Proviso 1 added by 1032/1407. The last by said Act. Proviso 2 added by 1933/263. 
sentence of this section, 1932, Code, omitted 

§ 4789. Powers of County Board of Commissioners.—* * * (2) May Re- 
duce Items in Supply Bill to Avoid Deficit. — In addition to all other duties 
now imposed by law upon the county board of commissioners for Sumter 
County, the said board, to the end that there shall be no deficit in county 
ordinary finances, shall have the power, and they hereby are authorized to 
reduce any or all items in any county supply bill, whenever in the opinion 
of a majority of said board such reduction is necessary to prevent a deficit 
in the finances of Sumter County. 1933, XXXVIII, 536. 

Subsection 2 added by 1933/536. 

§ 4806. Road Tax. — All persons in Sumter County liable to road duty, 
or now required by law to pay a commutation tax, shall annually pay a 
commutation road tax of two ($2.00) dollars in lieu of labor on public roads, 
same to be paid at the same time and collected as other taxes." 1934 
XXXVIII, 1379. 

Road tax reduced to $2.00 from $4.00, 1934/1379. 

§ 4812. Salaries— Sheriff— Supt. of Education— Coroner— Clerk of Court.— 

Commencing upon the expiration of the present term to which they have been 
elected, the following public officers of or for Sumter County shall be paid a 
salary in lieu of present salaries or fees as follows, to wit : Sheriff, $2,400.00 ; 
county superintendent of education, $2,400.00; coroner, $600.00; clerk of court 
of common pleas, $2,750.00. The salaries, hereinabove provided, to be in lieu 
of all fees or other compensation of whatever nature or description 1932, 
XXXVII, 1336. 

This section, as it now is, is new. A com- § 4S12 is suggested, 
parison of present section with former 

§ 4812-1. Fiscal Year.— The fiscal year for Sumter County shall run from 
July 1st to June 30th of each year, and the county officials of Sumter County 
shall so arrange their books and records as to carry out the provisions hereof 
1933, XXXVIII, 449. 

This section added by 1933/449. 

Union County 
§ 4814. Powers of Supervisor and Advisory Board. 

See notes to § 4828 where the case of S. E., 733, is treated 
Bank v. Union County, 162 S. C, 359, 160 



§ 4828 1934 Supplement 210 

§ 4828. County Borrowings — Bank Deposits of Officers. 

Notes issued by Union County to be cording to law. Bank v. Union County, 162 

legal, binding obligations, must be author- S. C, 359, 160 S. E., 733. 
ized by county advisory board and counter- Recitals in notes of county not issued 

signed by county treasurer. Notes not au- according to law does not estop county from 

thorized by said advisory board, and ex- showing the notes were not valid. Bank v. 

ecuted by supervisor, and not countersigned Union County, 162 S. C, 359, 160 S. E., 

by county treasurer, held not executed ac- 733. 

§ 4831. Road Tax. — There shall be collected annually, the sum of one 
($1.00) dollar commutation tax in lieu of road duty; which said sum shall 
be collected by the treasurer of Union County at the same time and in the 
same manner that the poll tax is due and payable. 1933, XXXVIII, 12. 

Road tax reduced to $1.00 from $3.00, 1933/12. 

§ 4852. How Organized. — * * * The secretary-treasurer of the sinking 
fund commission of Union County shall receive compensation of thirty-five 
($35.00) dollars for his services each month. 1933, XXXVIII, 475. 

The above sentence added to this section by 1933/475. 

Williamsburg County 

§ 4893-1. Compensation of Sheriff, Auditor, Treasurer, Clerk of Court, 
Superintendent of Education, Probate Judge, and Supervisor — Collection of 
Fees and Costs. — (1) Salaries in Lieu op Fees. — The salary of each officer 
of Williamsburg County shall be paid in lieu of fees as follows : 

(a) Sheriff: The sheriff of Williamsburg County shall receive the sum of 
two thousand ($2,000.00) dollars per annum, payable in equal monthly in- 
stallments. 

(b) Auditor and Treasurer: The auditor of Williamsburg County shall 
receive a salary of two thousand ($2,000.00) dollars, and county shall pay 
the amount not paid by the State. The treasurer of Williamsburg County 
shall receive a salary of two thousand ($2,000.00) dollars, and county shall 
pay the amount not paid by the State. 

(c) Clerk of Court: The clerk of court for Williamsburg County shall 
receive the sum of two thousand ($2,000.00) dollars; Provided, The clerk 
of court shall pay all clerk hire out of and from his salary other than the 
chief clerk as provided in supply bill. 

(d) Superintendent of Education: The superintendent of education of Wil- 
liamsburg County shall receive the sum of fifteen hundred ($1500.00) dollars 
per annum, payable in equal monthly installments. 

(e) Probate Judge: The probate judge of Williamsburg County shall re- 
ceive the sum of fifteen hundred ($1500.00) dollars per annum, payable in 
equal monthly installments. 

(f) County Supervisor: The county supervisor of Williamsburg County 
shall receive the sum of eighteen hundred ($1800.00) dollars per annum, pay- 
able in equal monthly installments. 

(2) Officers Collect and Record Fees. — It shall be the duty of each 
officer to collect in cash all fees provided by law, and to keep a full and 
correct itemized account thereof, which shall be accessible for inspection and 
audit at all times, and the official bond of each officer shall be responsible 
for the collection of all fees and full accounting therefor. 

(3) Monthly Settlements. — At the end of each calendar month, each 
officer of the county shall account for and deliver to the treasurer all fees 



211 Code of Laws of South Carolina § 4894 

collected during the month, and the treasurer shall keep on file in his office 
the monthly report of each office. 

(4) Fees Go in General Fund. — All fees paid into the county treasurer 
under the provisions hereof shall be placed by the treasurer in the general 
funds of the county to be used for general county purposes. 

(5) Payment of Fees. — All recording fees as to deeds, real estate mort- 
gages, chattel mortgages, and all other documents and papers filed for record 
are to be paid when the papers are filed, except papers pertaining to the 
United States Government. In partition proceedings, when the land is par- 
titioned in kind, the fees shall be paid when the judgment is entered and en- 
rolled. Where land is sold in partition, the fees, costs, and commissions are 
to be paid when the sale is closed and the deed executed and delivered. In 
foreclosure proceedings, the costs, fees and commissions are to be paid when 
the sale is closed and the deed executed and delivered. In case of proceed- 
ings involving suits on notes or accounts, attachment suits, claim and delivery 
actions, and any and all other suits, actions, and proceedings at law or in 
equity, the costs, fees, and commissions shall be paid when the pleadings 
and proceedings are entered and enrolled. 1933, XXXVIII, 231. 

This section added by 1933/231. 

York County 

§ 4894. Supervisor. — (1) Office Created — Authority. — The office of 
supervisor for York County is hereby created, and the said supervisor shall 
be chairman of the board of county commissioners for said county, to be 
herein created, and shall, in conjunction with the said board of county com- 
missioners, have general supervision over the public highways, roads, bridges, 
and ferries, and over the paupers and all other matters relating to the dis- 
bursements of public funds for county purposes, and under proper authority 
to borrow for county purposes, and in any other case that may be necessary 
for the internal improvement and upkeep of matters or things concerning 
said county, except such powers, duties, responsibilities and control as may 
be hereafter delegated either to said supervisor or said board of county com- 
missioners or to individual members thereof. 

(2) Appointment — Term — Salary. — The Governor of this state shall ap- 
point a suitable and responsible person in York County to be supervisor there- 
of, whose salary shall be two thousand four hundred ($2,400.00) dollars per 
annum, payable monthly, whose term of office shall be for two years from 
date of his appointment and until his successor is duly appointed and 
qualifies : Provided, however, That said Governor shall have power to remove 
said supervisor at any time for sufficient cause shown to him. 

(3) Nomination — Vacancies. — Said supervisor shall be nominated in the 
primary election of every election year, and it shall be the duty of the legisla- 
tive delegation for said county to recommend to the Governor of said state 
for appointment as such supervisor such person so nominated in said primary 
and the Governor shall so appoint unless good cause be shown why such 
appointment should not be made, provided that should such appointment be 
not made, or should a vacancy occur during the term of office for any cause, 
a majority of the legislative delegation for York County may recommend to 
the Governor a person to be appointed to serve the unexpired time and the 
Governor shall make such appointment. 



§ 4895 1934 Supplement 212 

(4) Duties. — (a) Chain Gang. — The work and control of the chain gang 
shall at all times be under the exclusive supervision, control and manage- 
ment of the county supervisor, provided, that the said chain gang shall be 
used in the construction of the main county highways as now provided by 
law, except such parts of said chain gang as said supervisor may deem neces- 
sary for work on the county farm and other work around institutions be- 
longing to said county. 

(b) Bond. — Said supervisor shall be required before entering upon his duties 
to give a bond, with good and sufficient surety or sureties, for the faithful 
performance of his duties in the sum of five thousand ($5,000.00) dollars; 
the said bond to be approved by the clerk of court of York County and if 
there be any premium due thereon it shall be paid by York County. 

(c) Numbers of Prisoners to Serve on Chain Gang. — The number of pris- 
oners to be used as a chain gang for York County shall not exceed at any 
one time fifty (50) prisoners. The supervisor or governing body of York 
County shall have all male prisoners in excess of fifty (50), whose terms are 
six months or more, immediately committed to the State penitentiary : Pro- 
vided, however, That there shall be retained on the chain gang of York County 
as many as six (6) long-term prisoners who are familiar with the work to 
be done in the operation of the chain gang force : Provided, further, That 
should the number of short-term prisoners at any time make the number of 
prisoners then on said chain gang exceed fifty (50), then the supervisor or 
governing body is hereby directed to return to county jail such number of 
persons as may be in excess of fifty (50). The prisoners so returned to 
county jail shall be selected from those least able to perform manual labor. 

(d) Published Quarterly Statements. — The county supervisor of York 
County shall, under oath, prepare and publish in one issue of three newspapers 
published in said county quarterly, a condensed statement of all receipts and 
disbursements by funds or departments, together with a statement of the 
balance of cash on hand, and the amount of the county's indebtedness, if 
any, and at what rate of interest contracted. The original of said statement 
shall be filed in the office of the clerk of court of said county as a permanent 
county record. The county treasurer of York County shall file with the 
supervisor at the end of each quarter herein referred to, a statement showing 
the amount of moneys on hand to the credit of the county, and said statement 
shall further show to what funds of the various departments or branches 
of the county the unexpended balances properly belong. 

(e) Advertise for Supplies. — The said supervisor shall, beginning March 1, 

1932, and on the first day of each three months thereafter, advertise once in 

three nswspapers published in York County for bids for the food and supplies 

necessary for use for York County for the ensuing three months, and shall 

furnish lists showing the food and supplies required to prospective bidders. 

1932, XXXVII, 1245, 1296. 

By 1932/1245, 1296 § § 4894-4907 and Some of the old section numbers are being 
4913-4918, 1932 Code, were superseded. used to avoid hyphenating section numbers. 

§ 4895. County Board of Commissioners. — (1) Office Created. — The office 
of county board of commissioners for York County is hereby created to take 
effect March 1, 1932. 

(2) Appointment — Salary. — The Governor shall, upon the recommen- 
dation of a majority of the legislative delegation for York County, appoint 



213 Code of Laws of South Carolina § 4896 

one person from each of the nine townships in York County as a member of 
the county board of commissioners, whose term of office shall expire January 
1, 1933, or until his successor shall have been appointed and qualifies, and 
whose annual salary shall be one hundred and fifty ($150.00) dollars, to be 
paid from general county funds and fifty ($50.00) dollars to be paid from 
the township road fund wherein such commissioner resides, this salary to 
be paid in twelve (12) equal monthly installments. 

(3) Nomination — Term — Vacancies. — In each and every election year 
commencing in 1932, one member of said county board of commissioners shall 
be nominated in each township, and it shall be the duty of the legislative 
delegation of said county to recommend to the Governor for appointment 
as county commissioner for that township such person so nominated, and 
the Governor shall make such appointment unless good cause be shown him 
why such appointment should not be made, and such appointee shall serve 
for a period of two years from date of his appointment and until his successor 
is appointed and qualifies, Provided, that should such appointment not be 
made or should a vacancy occur for any cause after such appointment the 
Governor may appoint such person, for the balance of the term, as the ma- 
jority of the legislative delegation shall designate. 

(4) Duties.— Each county commissioner herein provided for shall have 
supervision of the maintenance and upkeep of township road work in the 
township wherein he resides and from which he is appointed, and he shall 
appoint an overseer of the township road work in his township and employ 
such help as is required to perform the road work therein. 

(5) Machinery, Etc., for Use of County Commissioners — Not to Work 
in Towns Over 500 Inhabitants. — The board of county commissioners may pur- 
chase for each township from the township road funds hereinafter provided 
for, such machines, road plows, scrapers and tools as may be necessary, or 
may hire such labor, teams and wagons necessary for the purpose of work- 
ing and maintaining the roads of the said township. Each commissioner shall 
be responsible for the township machines, implements, tools and other prop- 
erty in his charge and shall render an itemized statement of same on or before 
July 1st of each year to the board of county commissioners for file in the 
office of the said county commissioners, showing the amounts of money ex- 
pended in such township, the value of implements, etc., on hand, and none 
of the said machines, tools or implements belonging to any township in York 
County shall be used otherwise than on the public roads of said township or 
county. Provided, That no work shall be done or performed by the said town- 
ship forces in towns or cities having over five hundred population according 
to the 1930 census. 

(6) Bonds. — Each commissioner before entering upon the discharge of his 
duties shall enter into a bond, with sufficient surety or sureties to be approved 
by the clerk of court for York County, payable to York County in the sum 
of five hundred ($500.00) dollars to guarantee the faithful performance of 
his duties and if there be any premium due on said bond it shall be paid by 
the treasurer of York County out of the township funds of that particular 
township. 1932 XXXVII, 1245. 

§ 4895, 1932 Code repealed by 1932/1245. Present section comes from said act. 

§ 4896. Commutation Road Tax. — There shall be due and payable annually 
a road tax of two dollars on all male citizens in said county between the ages of 



§ 4897 1934 Supplement 214 

twenty-one and fifty-five years, inclusive, except in the incorporated cities and 
towns, and except persons who are deaf, dumb, blind or wholly disabled : Pro- 
vided, That every person residing in York County liable for road tax as above, 
shall on or before February 20th of each year make a return thereof to the 
county auditor. The auditor shall when the returns are complete deliver said 
record to the county treasurer who shall collect the road tax due as shown by 
such record at the same time and in the same manner as now provided by law for 
the collection of all other taxes. Provided, further, That any such citizen reaching 
his majority of twenty-one years of age by the first day of January of any 
year, shall become subject to the payment of such tax for said year. Any 
failure to pay said road tax shall be a misdemeanor and the offender, upon 
conviction, shall be punished by a fine of not less than five ($5.00) dollars 
and not more than twenty-five ($25.00) dollars or imprisonment for not more 
than thirty (30) days. 1932, XXXVII, 1245 ; 1933, XXXVIII, 325. 

This section added by 1932/1245; 1933/ 1932/1245. 
325. Former section 4S9G repealed by 

§ 4897. Annual Levy for Maintenance of Highways and Bridges — Use of 
Same and Road Tax. — For the maintenance and improvement of the public 
roads and highways and for the building and repair of all bridges in said 
county, there shall be levied an annual tax of two (2) mills on all real and 
personal property, which shall be levied and collected as all other taxes, and 
at the same time ; and in addition to said two mills tax, the road tax hereto- 
fore referred to shall be used by the township commissioners for the main- 
tenance and upkeep of the roads in said townships. The amount or amounts 
of said road tax collected from each township shall be used in that particular 
township by said township commissioner for maintenance and upkeep of the 
roads therein. The county treasurer shall, from time to time, as collected, 
place to the separate credit of each township in a ledger kept for that pur- 
pose, any and all funds raised in said township by the two mills tax levy 
for roads and bridges, except that part of same derived from said two mill 
tax on insurance companies, express companies, telegraph companies and 
telephone companies, railroads and other like companies, which do not return 
their property by township, which shall be credited to the general county 
fund. All sums received from the commutation road tax, special tax for 
road purposes, and all other sources for road and bridge purposes, each town- 
ship road fund is to be kept separate and paid out as hereinafter provided, 
and the county treasurer shall make monthly settlements with the county 
supervisor for the funds belonging to each township road and bridge fund. 
1932 XXXVII, 1245. 

§ 4897, 1932 Code, repealed by 1932/1245. Present section comes from said act. 

§ 4898. Disbursements on Issuance of Warrants by Commissioners. — The 

salary of all labor hired by the county commissioners for the purpose of work- 
ing the roads in the township in which he resides, all moneys due on contract 
for the purchase of materials and machines for maintenance and the building 
and repair of bridges as hereinbefore provided for shall be paid by the county 
treasurer from the said township road and bridge fund after the sworn item- 
ized bills for same have been filed with the supervisor and upon warrants 
of the county commissioner residing in such township and said warrants 
signed by the resident county commissioner of each township shall be a good 
and sufficient voucher for the treasurer to pay same. 1932 XXXVII, 1245. 
§ 4698, 1932 Code repealed by 1932/1245. Present section comes from said act. 



215 Code of Laws of South Carolina § 4901 

§ 4899. General Powers of Supervisor and Commissioners. — (1) Stated — 
Appointments. — The county board of commissioners and the supervisor shall 
have the general supervision, conduct and control of all the county affairs, 
except those heretofore delegated herein, and they, or a majority thereof, 
shall appoint its clerk, superintendent and assistant superintendent at the 
county home, the janitor of the court house, a county physician, or physicians, 
a road engineer whenever his services are necessary, and a county attorney. 
The said county plrysician, or physicians, shall serve at the pleasure of the 
supervisor and county board of commissioners. 

(2) Keep Paid Claims for 10 Years. — The county supervisor and the county 
board of commissioners of York County are hereby authorized and permitted 
to destroy any and all claims on file against the county of York or any branch 
or department thereof after ten (10) years from the date of the payment 
of such claim or claims, and said supervisor and county board of commis- 
sioners shall not be required to keep on file such claims or record thereof after 
ten (10) years has elapsed from the date of payment of such claim. 1932, 
XXXVII, 1245 ; 1933, XXXVIII, 96 ; 1934, XXXVIII, 1343. 

Subsection 1 added by 1932/1245. 1934/ Former § 4899 repealed by 1932/1245. 
1343. Subsection 2 added by 1933/96. 

§ 4900. Construction of Bridges — May Award Contracts for Same — Fur- 
ther Duties of Supervisor. — On all highways in the county where bridges are 
to be rebuilt over streams of thirty -five feet or more in width, the supervisor 
and county commissioners are hereby authorized and directed to construct such 
bridges with stone or concrete piers or abutments and span the same with an 
iron or steel reinforced bridge and for the construction of said piers, abut- 
ments and bridges they are hereby authorized to use the chaingang, or they 
may let contracts, after public notice, for the erection of piers or abutments 
or reinforced concrete bridges ; and all contacts for iron or steel spans shall 
be let to the lowest responsible bidder as per plans and specifications furnished 
by the engineer when so employed. They may let all contracts for other 
bridges or public works, after notice, to the lowest responsible bidder, when 
the amount is likely to exceed fifty dollars ; and the county supervisor and 
the county engineer, when employed, shall personally inspect all work done 
under contract and unless the contract is fully complied with the claim shall 
not be valid ; and all claims shall be approved by the county supervisor certified 
to by the engineer, when employed, and approved by a majority of the board 
of county commissioners, before being paid by the county treasurer. All such 
claims shall be paid out of the county bridge fund. The county supervisor 
shall inspect the work of each township as often as may be necessary, noting 
the deficiencies, if any, and incorporate the same in his annual report, and 
file a copy of the same in his office ; Provided, That the contracts for the con- 
struction and repair of all bridges in the county over ten feet in length shall 
be under the supervision and direction of the county supervisor and county 
commissioners, and that all such bridges shall be paid for out of the county 
bridge and culvert fund. 1932, XXXVII, 1245. 

See note to § 4894. 

§ 4901. Opening up, Closing or Relocating Roads — May Condemn. — The 

county supervisor and county commissioners or a majority thereof shall have 
the right and power to open up new roads, relocate, discontinue or change 
locations of old ones. They shall have the right to condemn land, surface, soil, 
trees or other material adjoining or near to the road for the purpose of re- 



§ 4902 1934 Supplement 216 

locating, widening, improving or constructing public highways ; in case the 
right-of-way, surface, soil, trees or other material cannot be secured by dona- 
tion or agreement, the same may be taken for the use herein mentioned and 
the landowner may afterwards be compensated as in condemnation of rights- 
of-way as now provided by law. 1932, XXXVII, 1245. 
See note to § 4894. 

§ 4902. Office Hours — Clerk to Keep Books — When Claims are Barred. — 

They shall keep their office open six days a week and they shall provide neces- 
sary books which the clerk shall keep in such manner that any and all contracts 
entered into or obligations incurred may be listed and all such books shall be 
closed on December 31st of each and every year and all claims or obligations 
due for that year must be filed in the office on or before January 15th of the 
succeeding year or such obligation or claim shall be barred and shall not be 
paid unless good and sufficient reason is shown to said board why the filing 
of same was not made at the time above stated. 1932, XXXVII, 1245. 
See note to § 4894. 

§ 4903. Clerk to Keep Account of Townships' Transactions. — The clerk of 
the county commissioners shall keep a detailed account of all transactions in 
regard to the various townships in a book specially provided for that purpose, 
which shall at all times be open to public inspection. 1932, XXXVII, 1245. 

See note to § 4894. 

§ 4904. Extent of Repeal. — Sections 4894-4904 are to be cumulative as to 
the general statutory law, and as to any special Act in York County, except 
where such sections are inconsistent with them, in which event the sections 
herein made are to be of full force and effect, and the General Statute and 
the special Acts affecting York County which are inconsistent are hereby 
repealed insofar as they affect York County. 1932, XXXVII, 1245. 

§ 4904/1932 Code repealed by 1932/1245. Present section comes from said act. 

§ 4805. Borrow for Road Work and Pay Last Indebtedness.— The Super- 
visor and the county board of commissioners of York County are hereby 
authorized and empowered to borrow such sums as may be necessary to 
construct, maintain and repair roads in certain townships in York County 
and for payment of any and all past indebtedness of said township or town- 
ships and pledge the taxes from these townships for the repayment of same : 
Provided, That they shall not borrow in excess of seventy-five (75%) per 
cent of the anticipated taxes of each township for this purpose, at a rate of 
interest not to exceed six (6%) per cent. 1933, XXXVIII, 37. 

This section added by 1932/1308; 1933/37. 

§ 4905/1932 Code repealed by 1932/1245. 

§ 4906. Compensation of Supervisor, Supt. of Education, Sheriff, Probate 
Judge, Treasurer, Auditor, Coroner and Clerk of Court. — (1) Salaries in Lieu 
of Fees. — After the expiration of the term of office of the present county 
officials of York County, such officials as may be hereafter elected or ap- 
pointed shall receive as compensation the following salaries in lieu of all 
fees, to wit: Supervisor, twenty-four hundred ($2400.00) dollars; superin- 
tendent of education, two thousand ($2,000.00) dollars; sheriff, twenty-one hun- 
dred sixty ($2160.00) dollars per annum, and he shall have the right to collect 
and retain as a part of his compensation all fees in civil cases and costs col- 
lected by him as sheriff, as now provided by law ; probate judge, twenty-four 
hundred ($2400.00) dollars ; treasurer, twenty-six hundred ($2600.00) dollars; 



217 Code of Laws of South Carolina ^ 4906 

auditor, twenty -six hundred ($2600.00) dollars; coroner, four hundred 
($400.00) dollars ; clerk of court for all services in connection with all courts, 
twenty -four hundred ($2400.00) dollars ; the said salaries hereinbefore pro- 
vided for to be in lieu of all fees of whatever nature or description collected 
by the aforesaid officers as provided for by law, including all fees or costs 
accruing by virtue of his office, and all such fees or costs collected by the 
said officers, except the clerk of court and probate judge under the law now 
requiring such fees to be paid and collected shall be by the official collecting 
same paid over to the treasurer of York County on the first Wednesday of 
each month, and at the time of such payment there shall accompany the same 
an itemized statement on blanks approved by auditor to be furnished each 
officer, properly verified, in duplicate, showing the amounts collected by him 
during the preceding month, and a like statement of all fees accruing during 
the same period but not collected : Provided, however, That the salaries herein 
provided for the auditor and treasurer shall represent the total amount to 
be paid such officials by the County and State. 

(la) Collection of Fees by Clerk of Court and Register Mesne Con- 
veyance. — The clerk of court and register of mesne conveyance of York County 
is hereby authorized, empowered and directed to collect in advance any and 
all fees for filing, recording or other services rendered by the clerk of court 
and register of mesne conveyance, except that in cases where the subject 
matter of the action is real or personal property sufficient in value to yield 
the costs and filing and cancellation fees on crop mortgages given to the United 
States Government or any department thereof, such fees shall not be col- 
lected in advance. The clerk of court and register of mesne conveyance shall 
keep in duplicate accurately and completely itemized accounts of all fees and 
charges collected, and shall on or before the tenth (10th) day of each calendar 
month submit one copy sworn to by him to the treasurer of the county, to- 
gether with payment to said treasurer in full of all such fees and charges 
collected during the preceding month, which funds shall be placed by the 
treasurer of the county to the credit of the ordinary county funds. Any 
person, firm or corporation may give to the clerk of court or register of mesne 
conveyance a bond in such sum as the clerk of court shall designate, in no 
case to be less than one hundred ($100.00) dollars, executed by a duly licensed 
surety company conditioned for the payment to the said clerk of court and 
register of mesne conveyance of such funds monthly and when such bond is 
filed, the said clerk of court and register of mesne conveyance shall not require 
of such person, firm or corporation the payment of fees in advance, but shall 
collect same monthly. The fee for searches now provided by law and collected 
by the clerk of court and register of mesne conveyance of York County is 
hereby abolished. 

(lb) Probate Judge. — All fees and licenses payable to the probate judge 
of York County shall be collected by him in advance. The probate judge shall 
keep in duplicate accurately and completely itemized accounts of all fees and 
licenses, and on or before the tenth (10th) day of each calendar month, he 
shall deliver one copy sworn to by him to the treasurer in full all such fees 
and licenses collected during the preceding month, which funds so received 
by the county treasurer, shall be placed to the credit of the ordinary county 
funds : Provided, That the fifty cents of the marriage license fee now directed 
by law to go to the school fund of the county shall continue to go and be paid 



§ 4907 1934 Supplement 218 

to such fund by the county treasurer. The fee for searches by the probate 
judge is hereby abolished. 

(2) Duty of Officials Succeeding Incumbents. — At the time this section 
becomes effective, each successor in office shall file with the treasurer of York 
County a complete list of all fees accrued to and belonging to his predecessors 
in office, verified ; upon any costs belonging to a predecessor in office, being 
collected, said officer or officers collecting the same, shall before paying the 
same over to any person, require a receipt therefor, and said receipt shall be 
filed along with and as a part of reports required by subsection 1. 

(3) Service of Papers — Payment of Cost. — All costs and fees now required 
by law to be paid for serving documents and papers shall be paid in advance 
to the officer receiving the same for service, who shall endorse thereon "Costs 
Paid," with the date thereof, and at the same time he shall make a proper 
entry thereof upon book to be furnished for said purpose. No paper or docu- 
ment shall be served by any officer charged therewith, unless the required 
costs have been paid: Provided, That this subsection shall not apply to criminal 
processes, and no costs in criminal cases shall be required in advance : Pro- 
vided, further, That in all cases the officer charged with the duty of collec- 
tion of fees shall exercise due diligence in collecting all of said fees and 
charges. 

(4) County Provide Clerical Help. — In addition to the salaries provided 
for in subsection 1 hereof to be paid to the officials of York County, the York 
County delegation shall from year to year provide for such clerical help and 
other assistance as it may think right and proper for the aforementioned of- 
ficials in the annual supply bill for York County : Provided, however, That 
the officials mentioned in subsection 1 shall not in any manner profit by the 
moneys paid for clerical help or other assistance, and said clerical help shall 
be paid only on vouchers, properly drawn, which shall be sworn to by claimants 
and countersigned by the county supervisor. 

(5) Penalty for Violation. — Any official violating any of the terms and 

conditions and provisions hereof shall be subject to the payment of a fine of 

not less than five hundred ($500.00) dollars nor more than five thousand ($5,- 

000.00) dollars, or not less than three months nor more than twelve months 

imprisonment upon the public works of York County for each and every such 

offense. 1932, XXXVII, 1214; 1933, XXXVIII, 45, 49, 333; 1934, XXXVIII, 

1345. 

This section added by 1932/1214 ; 1933/ Code, repealed by 1932/1245. 
45, 49, 333; 1934/1345. Section 4906, 1932 

§ 4907. Annual Report of Supervisor. — Repealed by 1932 Acts, page 124-5. 

§ 4913. Township Highway Commissioners. — Repealed by 1932 Acts, page 
1245. 

§ 4914. Improvement of Highways — Condemnation. — Repealed by 1932 
Acts, page 1245. 

§ 4915. Maintenance of Roads Improved. — Repealed by 1932 Acts, page 
1245. 

§ 4916. Township Engineer — Employment and Duties. — Repealed by 1932 
Acts, page 1245. 

§ 4917. Record of Contracts — Reports. — Repealed by 1932 Acts, page 1245. 



219 Code of Laws of South Carolina § 4925 

§ 4918. Disbursement of Funds.— Repealed by 1932 Acts, page 1245. 

§ 4923. Fees of Clerks of Court and Registers of! Mesne Conveyances for 
Recording Papers. 

Fee for search in York County abolished, Richland County, 1932/1449, 1531 ; 1933/9S. 
1933/49. Fees, and collection thereof, iu 

§ 4924. Other Fees and Commissions of Clerks of Court. 

See notes to § 4923. 

§ 4925. Fees of Clerks in Certain Counties. — The clerks of court in all the 
counties excepted from the operation of section 4925, except Orangeburg and 
the register of mesne conveyance in Charleston County, shall receive : For 
recording and copying deed and other papers, per copy sheet of one hundred 
words, ten cents : for entering satisfaction on mortgages, twenty-five cents ; 
for recording or copying plats of not more than six corners, one dollar ; for 
every corner more than six, six cents : Provided, That whenever a copy of 
the original plat on tracing cloth containing more than six corners is delivered 
to the recording officer to be by him placed in his records, the total charge 
for recording said copy, and all necessary certificates in connection there- 
with, shall be one ($1.00) dollar : Provided, however, No clerk of court or regis- 
ter of mesne conveyance except in the counties of Richland, Cherokee, Chester, 
Aiken, Abbeville, Beaufort, Oconee and Fairfield shall place in his records any 
blue print or other photographic copy of any plat. For every probate in 
Writing, twenty-five cents ; for every certificate other than that mentioned in 
section 8103, twenty -five cents ; for filing, indexing and certifying any bill 
of sale, chattel mortgage or other instruments in the nature of liens on personal 
property, where the amount secured is not more than one hundred dollars, 
fifteen cents : Provided, That the register for Charleston and clerk of court 
for Beaufort County shall also be allowed ten cents for every search : Provided, 
That the clerk of court of Union County, who is ex officio the recorder of 
mesne conveyance, be paid the fees herein named, for the filing and recording 
the following instruments as named as follows, to wit : For the regular short 
form of deed of conveyance to real estate, and such that conform to the office 
book forms, one and 50/100 ($1.50) dollars; for irregular and long form 
deed of conveyance to real estate and such that do not conform to the 
office book form, one and 75/100 ($1.75) dollars; for the regular short form 
of real estate mortgage and which conform to the office book forms, one 
and one 50/100 ($1.50) dollars; for the irregular and long form of real estate 
mortgages and such that do not conform to the office book form, one and 
75/100 ($1.75) dollars; and for the short form of chattel mortgages and bills 
of sale in amounts of less than one hundred dollars, twenty-five ($0.25) cents; 
for the short form of chattel mortgages and bills of sale in amounts of one 
hundred dollars and over, seventy-five ($0.75) cents; for irregular and long 
form chattel mortgages and bills of sale which do not conform to any office 
book form and amounting to one hundred dollars and over, one ($1.00) dollar, 
for satisfaction of judgment the clerk of court shall receive the regular com- 
mission now provided by law on the amount of a judgment before said judg- 
ment is satisfied of record: Provided, That in Clarendon County all such fees 
and charges shall be collected in advance of any filing and recording by the 
clerk of court and shall be paid by him to the county treasurer for credit to 
the ordinary funds of said county monthly and in such manner as may now 
or hereafter be provided by law. 1932, XXXVII, 1439. 

Fairfield County was added on line 13 by 1932/1439. See § 4923 and note thereto. 



§ 4927 1934 Supplement 220 

§ 4927. Recording Fees of Clerk of Court of Beaufort County. 

See notes to § 2855. 

§ 4941. Masters. 

Fees, and collection thereof, Richland County, 1932/1449; 1933/98. 

§ 4942. Costs and Fees of Judge of Probate in Certain Counties. 

Fees and collection thereof, Richland York County abolished, 1933/45. (§ 4906), 
County, 1932/1449, 1531 ; 1933/98. Williams- this supplement, 
burg County, 1934/1340. Fee for search in 

§ 4950. Sheriffs. 

Fees, and collection thereof, Richland County, 1932/1449; 1933/98. 

§ 4951. Fees of Sheriffs or Jailors for Dieting Federal Prisoners. 

Use per cent of jail fee in Dorchester County to diet prisoners, 1933/236. 

§ 4958. — Fees of Physicians for Post Mortem Examinations. 

Only one physician to make post mortem 1933/220. Payment of physician perform- 
examination in Clarendon County, fee, ing autopsies in Sumter County, 1933/23. 

§ 4964. Witness Fees in Criminal Cases. 

Fee of witnesses in Clarendon County, County, 1932/1403 ; McCormick County, 
1932/1313; Greenwood County, 1932/1313; 1932/1403. 
Lexington County, 1932/1170; Kershaw 

§ 4976. Counties to Aid in Support of Carolina Orphan Home. — The county 
supervisors or county commissioners of the several counties of this State are 
hereby authorized and required to draw their warrants in favor of and pay- 
able to the Carolina Orphan Home for the sum of fifteen ($15.00) dollars per 
month, payable monthly, for the support and maintenance of each child which 
may have heretofore been sent or committed or may hereafter be sent or 
committed to the Carolina Orphan Home by the probate judge, or a circuit 
judge, or a recorder of any municipal court on the approval of the county 
board of commissioners of the several counties of this State, and the county 
treasurer of each of the several counties are hereby authorized and required 
to pay said warrants upon proper presentation and endorsement by the said 
Carolina Orphan Home. 1932, XXXVII, 1160. 

The Acts of 1932, p. 1160, changed the Una Orphan Home, 
name of Carlile Courtenay Home to Caro- 

§ 4988. Additional Pensions for Confederate Veterans. 

Compensation for Confederate Veterans in Spartanburg County, 1932/1350. 

§ 5129-1. Manufacture and Sale of Ice Cream and other Milk Products. — 

(1) Definitions. — For the purpose and within the meaning of this section 
the following definitions shall obtain: 

(a) "Frozen desserts" means ice cream, frozen custard, ice milk, milk 
sherbet, ice or ice sherbet and imitation ice cream as defined herein. 

(b) "Milk products" means pure, clean and wholesome cream, pure milk 
fat, butter, milk, evaporated milk, skimmed milk, condensed milk, sweetened 
condensed milk, condensed skimmed milk, sweetened condensed skimmed milk, 
dried milk, dried skimmed milk. 

(c) "Ice cream" means the pure, clean, frozen product made from a com- 
bination of two or more of the following ingredients : milk products, eggs, 
water, and sugar with harmless flavoring and with or without harmless color- 
ing, and with or without added stabilizer composed of wholesome edible ma- 
terial. It contains not more than one-half of one per centum by weight of 
stabilizer, not less than ten per centum by weight of milk fat, and not less than 



221 Code of Laws of South Carolina § 5129-1 

eighteen per centum by weight of total milk solids, including milk fat, except 
when fruit, nuts, cocoa or chocolate, maple syrup, cakes of confections are used 
for the purpose of flavoring, then it shall contain not less than ten per centum 
by weight of milk fat and not less than eighteen per centum by weight of 
total milk solids, including milk fat, except for such reduction in milk fat 
and in total milk solids, as is due to the addition of such flavoring, but in no 
such case shall it contain less than sixteen per centum by weight of milk fat 
nor less than sixteen per centum by weight of total milk solids, including milk 
fat. In no case shall any ice cream contain less than one and six-tenths pound 
of total food solids per gallon, and must weigh not less than four and one- 
fourths pounds to the gallon. 

(d) "Frozen custard" means French ice cream, French custard ice cream, 
ice custard, parfaits and similar frozen products. Frozen custard is a clean, 
wholesome product made from a combination of two or more of the following 
ingredients, milk products, water and sugar with harmless flavoring and with 
or without harmless coloring and with or without added stabilizer composed 
of wholesome edible material. It contains not more than one-half of one per 
centum by weight of stabilizer, not less than ten per centum by weight of milk 
fat, not less than eighteen per centum by weight of total milk solids. Frozen 
custard shall contain not less than five dozen of clean, wholesome egg yolks, 
or one and five-tenths pounds of wholesome dry egg yolk containing not to 
exceed seven per centum of moisture, or three pounds of wholesome frozen 
egg" yolk containing not to exceed fifty -five per centum of moisture, or the 
equivalent of egg yolk in any other form, for each ninety pounds of frozen 
custard. In no case shall any frozen custard contain less than one and six- 
tenths pounds of total food solids per gallon, and must weigh not less than 
four and one-fourths pounds to the gallon. 

(e) "Milk sherbet" means the pure, clean, frozen product made from milk 
products, water and sugar, with harmless fruit or fruit juice flavoring and 
with or without harmless coloring, with not less than 0.35 of one per centum 
of acid, as determined by titrating with standard alkali and expressed as 
lactic acid, and with or without added stabilizer composed of wholesome 
edible material. It contains not less than four per centum or more than six 
per centum by weight of milk solids, and must weigh not less than four and 
one-fourths pounds to the gallon. 

(f) "Ice or ice sherbet" means the pure, clean, frozen product made from 
water and sugar with harmless fruit or fruit juice flavoring and with or without 
harmless coloring, with not less than 0.35 of one per centum of acid, as deter- 
mined by titrating with standard alkali and expresses as lactic acid, and with 
or without added stabilizer composed of wholesome edible material. It con- 
tains no milk solids. 

(g) "Imitation ice cream" means any frozen substance, mixture, or com- 
pound, regardless of the name under which it is represented, which is made 
in imitation or semblance of ice cream, or is prepared of frozen as ice cream 
is customarily prepared or frozen, and which is not ice cream, frozen custard, 
sherbet or ice as defined in this section. 

(2) Annual Licenses for Maunfacturers of Frozen Desserts. — (a) Ap- 
plication. — Every manufacturer of frozen desserts produced for sale shall, dur- 
ing the month of February in each year, file with the department of agriculture, 
commerce and industry an application for a license upon a form prescribed 

15— S. C. C. 



§ 5129-1 1934 Supplement 222 

by the department of agriculture, commerce and industry. The application 
must show that the frozen desserts manufactured by the applicant are com- 
posed of pure and wholesome ingredients and are produced under sanitary 
conditions. The application shall also show the location of each plant at 
which frozen desserts are to be manufactured and the name of the brand, or 
brands, if any, under which the same are to be sold. The license period shall 
be for twelve months beginning March first. 

(b) Cost. — The license herein provided shall be issued without cost to the 
applicant. 

(c) Issuance. — The department of agriculture, commerce and industry, 
if satisfied that the manufacturing plant or plants named in the application 
are maintained in accordance with the standards of sanitation prescribed in 
the rules and regulations promulgated under the authority of this article, 
shall issue a license for the manufacture of frozen desserts. No license shall 
be issued if any statement in the application is false or misleading, or if the 
brand name or any label or advertisement of the frozen dessert involved in 
the application gives a false indication of origin, character, composition, or 
name of manufacturer, or is otherwise false or misleading in any particular. 

(d) Revoke or Suspend. — Any license may be revoked by the department 
of agriculture, commerce and industry, after notice to the licensee by mail 
or otherwise an opportunity to be heard, when and if it appears that any 
statement upon which it was issued was false or misleading, or that any frozen 
dessert manufactured by the licensee is adulterated or misbranded, or is 
manufactured in a plant not maintained in accordance with the standards of 
sanitation prescribed in the rules and regulations promulgated under the au- 
thority of this section, or that the brand name or any label or advertising 
of any frozen dessert manufactured by the licensee gives a false indication 
of origin, character, composition, or name of manufacturer, or is otherwise 
false or misleading in any particular. A license may also, after such notice 
and hearing, be suspended for any of the foregoing reasons until the licensee 
complies with the conditions prescribed by the department of agriculture, 
commerce and industry for its reinstatement. 

(e) Circuit Court Review Revocation, Suspension, or Refusal to Grant 
— Appeal. — The action of the department of agriculture, commerce and indus- 
try in refusing to grant a license, or in revoking or suspending a license, 
shall be subject to review by the court of common pleas in the county where 
the aggrieved party resides, with right of appeal to the State Supreme Court. 

(3) Sale. — (1) No person shall sell, advertise or offer or expose for sale 
any frozen dessert manufactured in this State unless the manufacturer thereof 
is a licensee under the provisions of this article. 

(2) No person shall sell, offer for sale or advertise for sale any frozen dessert, 
if the brand name of the frozen dessert or the label upon it or the advertis- 
ing accompanying it shall give a false indication of origin, character, com- 
position, or name of manufacturer, or is otherwise false or misleading in any 
particular. 

(3) No person shall sell, advertise or offer or expose for sale any imitation 
ice cream. 

(4) No person shall sell, advertise or offer or expose for sale a frozen dessert 
if it contains any fats, oils, or paraffin other than milk fats, except such fats 
or oils as are naturally contained in the flavors used. 



223 Code of Laws of South Carolina § 5129-1 

(4) Pasteurize Milk. — All milk and milk products used in the manufacture 
of ice cream, frozen custard, or sherbet, or the entire mix with or without 
flavor or color, shall be pasteurized in accordance with rules and regulations 
to be adopted as hereinafter provided. 

(5) Selling from Falsely Labeled Containers — Misrepresenting Man- 
ufacturer — Concealing Name of Owners on Cans, Etc. — Selling from 
Containers Containing Other Articles. — (1) No person shall sell or offer 
or expose for sale frozen desserts in any container which is falsely labeled 
as to the name of the manufacturer or in any other respect. 

(2) No person shall misrepresent in any manner the name of the manu- 
facturer of frozen desserts. 

(3) No person, other than the owner, shall remove, erase, obliterate, cover, or 
conceal the owner's name or any distinguishing mark or device which may 
appear to be placed on any cabinet, can, container or other equipment. 

(4) It shall be unlawful if it is offered for sale from any container, compart- 
ment, or cabinet which contains any article other than ice cream, custard ice 
cream, French ice cream, French custard, frozen custard, sherbet, ice or fruit 
ice. 

(6) Enforcement. — The department of agriculture, commerce and indus- 
try is charged with the enforcement of the proivsions of this section and shall 
from time to time, after inquiry and public hearing, adopt and promulgate 
rules and regulations to supplement and give full effect to the provisions of 
this section. Such rules and regulations, among other things, shall establish 
sanitary regulations pertaining to the manufacture and distribution of frozen 
desserts, including the sanitary condition of buildings, grounds, and equip- 
ment where frozen desserts are manufactured, the sanitary condition of 
persons in direct physical contact with frozen dessert during manufacture, 
the sanitary condition of containers in which frozen desserts are held or 
shipped and the sanitary conditions of premises, buildings, surroundings and 
equipment where frozen desserts are sold. Such rules and regulations shall 
be filed and open for public inspection at the principle office of the depart- 
ment, and shall have the force of law. 

(7) Exemptions. — Nothing contained in this section shall be construed to 
apply to ice cream and similar frozen products manufactured and sold by social, 
fraternal, charitable, educational, religious or beneficient organizations, nor 
to a farmer making and selling from the products of his farm ice cream, 
custard ice cream, French ice cream, French custard, frozen custard, sherbert, 
that the standards of purity and equality prescribed by this section are main- 
tained in all cases of manufacture and sale permitted by the provisions of 
this section. 

(8) Penalties — Disposition. — (1) Any person, association, partnership, or 
corporation violating any of the provisions of this section shall be guilty of a 
misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine 
of not less than twenty-five ($25.00) dollars, nor more than one hundred 
($100.00) dollars. 

(2) All fines and penalties, imposed and recovered for the violation of any of 
the provisions of this section, shall be paid to the department of agriculture, 
commerce and industry, and when so collected and paid, shall thereafter be, 
by the department of agriculture, commerce and industry, paid into the state 
treasury. 1934, XXXVIII, 1603. 



§ 5167 1934 Supplement 224 

§ 5167. Fee for Testifying at Inquests, Etc. 

Cross reference: § 4958 should be consulted in connection with this section. 

§ 5196. Personnel and Appointment of the Board of Examiners. — The South 
Carolina state board of dental examiners shall be composed of five regularly 
licensed, registered and practicing dentists, each of whom must have been 
a regularly licensed, registered and practicing dentist within the state of 
South Carolina for a period of five years next preceding his or her appoint- 
ment. No dentist shall be eligible to appointment who is connected in any 
way or interested in any commercial company or establishment selling dental 
supplies, equipment or appurtenances, or connected in any way with any school 
of dentistry. The present members of the South Carolina state board of 
dental examiners, who hold their appointments under prior existing laws, 
shall continue to hold their respective memberships for the term heretofore 
appointed. Thereafter on the first day of January of each year, or as soon 
thereafter as practicable, the Governor shall appoint a new member of the 
board to fill the then accrued vacancy, who shall serve for a term of five 
years and until his successor is appointed and qualified. All appointments to 
said board shall be made upon recommendation of the South Carolina state 
dental association. The said South Carolina dental association, at its regular 
annual meeting shall designate one man whose name shall be submitted to 
the Governor under a certificate to be executed by the president and secretary 
of the said association. The Governor shall appoint the person so named by 
said board to serve for a period of five years. All vacancies that may occur 
by death, resignation or otherwise, shall be made by the Governor in the 
manner prescribed for the regular appointments to said board, and all such 
appointments shall be limited to the unexpired term of the office thus vacated. 
The member appointed on the board shall before entering upon the duties of 
the office, take oath prescribed by the Constitution of South Carolina for 
those entering upon the duties of State office. Provided, That all commis- 
sions held by members of the board pursuant to the terms of this section on 
the first day of January, 1934, be and they are hereby abolished and cancelled. 
Provided, further, That the Governor shall appoint and cause to be commis- 
sioned immediately after the approval hereof the following named persons 
whose term of office shall expire according to the dates hereinafter fixed 
Dr. E. M. Gaffney, December 31, 1934; Dr. David Aiken, December 31, 1935 
Dr. V. R. Hawkins, December 31, 1936 ; Dr. A. Weinberg, December 31, 1937 
Dr. N. W. Macauley, December 31, 1938 ; Provided, further, That upon the 
expiration of the term of office of any member under the terms of this Act, 
the appointment and the term of office shall date from the first day of 
January of each year, and shall be for a period of five years and except as 
herein limited the terms and provisions of this section shall be effective in 
all particulars. 1934, XXXVIII, 1458. 

§ 5234. Board of Examiners. — There is hereby created a board whose duty 
it shall be to carry out the purposes and enforce the provisions of this article, 
and to be styled The South Carolina Board of Examiners in Optometry: 
Provided, however, It shall not affect any person or persons now holding cer- 
tificates of exemption or certificates of examinations to practice optometry, 
or work as an optician. 1932, XXXVII, 1333. 

The name of the board was changed from iners of Opticians and Optometrists. The 
The South Carolina State Board of Exam- proviso is new, 1932/1333. 



225 Code of Laws of South Carolina § 5250-3 

§ 5235. Members — Term — Appointment — Removal. — The said board shall 
consist of four (4) members, who shall be registered optometrists and who 
shall be members of and nominated by the South Carolina Optometric Asso- 
ciation. The term of office of each appointed member shall be for four years, 
or such part thereof as will provide for the expiration of the term of one 
member in 1931, one member in 1932, one member in 1933, and one member 
in 1934, or until his successor is appointed and qualified. All vacancies shall 
be filled for the unexpired term only by appointment as herein provided. The 
members of such board shall be appointed and commissioned by the Governor 
of this State annually for a term of four years, and thereafter as any term ex- 
pires or vacancies occur. The Governor shall have the power to remove from 
office any member of such board for incapacity, misconduct or neglect of duty. 
No member of said board shall be a stockholder, member of the faculty or on 
the board of trustees of any school of optometry, or financially interested in 
a manufacturing or wholesale optical house : Provided, however, That the mem- 
bers of the present board shall continue in office until their terms expire. 1932, 
XXXVII, 1334. 

A comparison of this section with old § 5235 is recommended. 

§ 5248. Not Applicable to Physicians — Applicable Peddlers — Sale of Ready- 
Made Eye Glasses. — Nothing in this article shall be construed to apply to 
physicians authorized to practice under the laws of the state of South Caro- 
lina, nor to persons who sell as merchandise from a regular established place 
of business ready-made eye glasses or spectacles, which may not be used for 
the aid or correction of defective vision: Provided, The provisions of this 
article shall not be construed to prevent persons who hold certificates at the 
time of the approval of this article from practicing from town to town, or from 
house to house, or place to place, but does apply to those commonly called 
peddlers, not holding certificates, who solicit from house to house. 1932, 
XXXVII, 1334. 

The main change of 1932/1334 was to be used to correct or aid defective vision, 

prevent the selling of glasses or spectacles A comparison with former § 5248 is sug- 

by persons without certificates, which may gested. 

This article was added by 1932/1552. 

§ 5250-1. South Carolina Board of Chiropractic Examiners — Members — 
Terms — Meetings. — There is hereby created a board of chiropractic examiners 
to be known as the South Carolina Board of Examiners. The Governor shall 
commission four members from a list of all members of the South Carolina 
Chiropractors' Association within thirty (30) days after this section takes 
effect; one for one year, one for two years, one for three years and one for 
four years. The appointees shall meet within ten days after their appointment 
and organize by electing a president, secretary and treasurer, and adopting 
reasonable rules and regulations for the transaction of business, and shall meet 
every six months thereafter. 1932, XXXVII, 1552. 

§ 5250-2. Qualifications of Applicants for License. — All applicants for li- 
cense to engage in the practice of chiropractic in the State must be graduates 
of a reputable college or school of chiropractic whose requirements of grad- 
uation is a minimum of three years, and must stand examination before this 
board. 1932, XXXVII, 1552. 

§ 5250-3. When Applicants to File Credentials and Fee — Second Examina- 
tion — Renewal Fee. — All applicants must file with the secretary of the board, 
fifteen days previous to its regular meeting time, proper credentials and a 



§ 5250-4 1934 Supplement 226 

fee of twenty ($20.00) dollars. In case the applicant fails in the first examina- 
tion, he shall be entitled to a second examination at the next regular meeting 
of the board. A renewal fee of two ($2.00) dollars annually shall work a 
renewal of the license. 1932, XXXVII, 1552. 

§ 5250-4. Reciprocal Registration — Fee. — Any person of good moral charac- 
ter licensed by a chiropractic board of any other state whose requirements are 
commensurate with the requirements of this board, upon the payment of forty 
($40.00) dollars, shall be granted a license to practice in this State. 1932, 
XXXVII, 1552. 

§ 5250-5. Revocation of License. — Any practitioner who is found to no 
longer possess a good moral character may, in the discretion of the board, have 
his license revoked. 1932, XXXVII, 1552. 

§ 5250-6. Chiropractic Defined. — Chiropractic is defined to be the science of 
palpating and adjusting the articulations of the human spinal column by 
hand only. 1932, XXXVII, 1552. 

§ 5250-7. Penalty for Violations. — Any person violating any of the provi- 
sions of this article shall be deemed guilty of a misdemeanor and punishable in 
the discretion of the court. 1932, XXXVII, 1552. 

§ 5250-8. — Use of Excess Funds. — If at the close of any fiscal year, there 
remains in the hands of the board more than five hundred ($500.00) dollars 
over and above all indebtedness, the same shall be turned over to the public 
school fund. 1932, XXXVII, 1552. 

Article — Hairdressers and Cosmetologists 

§ 5261-i. Who May Practice Cosmetic Art. — No person, firm, partnership, 
corporation or combination of persons shall for pay or reward, either directly 
or indirectly, practice or attempt to practice cosmetic art as hereinafter de- 
fined in the state of South Carolina without a certificate or registration either 
as a registered apprentice or as a registered cosmetologist, issued pursuant to 
the provisions of this article by the state board of cosmetic art examiners 
hereinafter established. 1934, XXXVIII, 1349. 

This article added by 1934/1349. 

§ 5261-2. Definitions. — (1) Practice of Cosmetic Art Defined. — Any 
one or combination of the following practices, when done for pay or reward, 
shall constitute the practice of cosmetic art in the meaning of this article. 
The systematic massaging, with the hands or mechanical apparatus, of the 
scalp, face, neck, shoulders and hands; the use of cosmetic preparations and 
antiseptics in connection therewith; manicuring, cutting, dyeing, cleansing, 
arranging, dressing, waving and marcelling of the hair, and the use of elec- 
tricity for stimulating growth of hair. 

(2) Cosmetologist Defined. — Cosmetologist, is any person who for com- 
pensation, practices cosmetic art, or conducts or maintains a cosmetic art shop, 
beauty parlor, or hairdressing establishment. 

(3) Cosmetic Art Shop, Beauty Parlor, or Hairdressing Establishment 
Defined. — "Cosmetic art shop," beauty parlor, or "hairdressing establishment 1 ' 
is any building or place thereof wherein cosmetic art is practiced. 

(4) Manager or Managing Cosmetologist Defined. — "Manager," or man- 
aging cosmetologist, as used herein, is defined as any person who has direct 



227 Code of Laws of South Carolina § 5261-4 

supervision over operators or apprentices in a cosmetic art shop, beauty 
parlor, or hairdressing establishment. 

(5) Operator Defined. — "Operator" is any person who is not a manager, 
itinerant or apprentice cosmetologist who practices cosmetic art under the 
direction and supervision of a managing cosmetologist. 

(6) Itinerant Cosmetologist Defined.— " Itinerant Cosmetologist" is any 
person who practices as a business cosmetic art outside of a cosmetic art shop, 
beauty parlor, or hairdressing establishment, either in going from house to 
house or from place to place at regular or iregular intervals ; Provided, This 
article ahall not apply to persons attending female institutions of learning, 
who defray the cost or a part of the cost of such attendance by the occasional 
practice of cosmetic art as defined herein, or to persons practicing the cos- 
metic art in rural communities without the use of mechanical appliances. 

(7) Manicurists Defined. — "Manicurists" is any person who does mani- 
curing only outside of a cosmetic art shop, beauty parlor, or hairdressing es- 
tablishment for compensation. 

(9) Apprentice Defined. — "Apprentice" is any person who is not a man- 
ager, itinerant cosmetologist, or operation, who is engaged in learning and ac- 
quiring the practice of cosmetic art under the direction and supervision of 
licensed managing cosmetologist. 1934, XXXVIII, 1349. 

§ 5261-3. Registered Apprentice. — (1) Qualifications. — No person shall 
be issued a Certificate or Registration as a Registered Apprentice by the state 
board of cosmetic art examiners hereinafter established. 

(a) Unless such person is at least sixteen years of age. ' 

(b) Unless such person passes a satisfactory physical examination pre- 
scribed by the said board of cosmetic art examiners. 

(c) Unless such person has completed at least four hundred and eighty 
(480) hours in classes in a reliable cosmetic art school or college approved by 
said board of cosmetic art examiners, or has completed the equivalent under 
the direct supervision of some registered cosmetologist, who shall not make 
any charge for such supervision. Provided, That no cosmetic art shop, beauty 
parlor or hairdressing establishment, or any person connected therewith shall 
charge anything of value for instruction in the art of beauty culture or cos- 
metology. 

(d) Unless such person passes the examination prescribed by the board of 
cosmetic art examiners and pays the required fees hereinafter enumerated. 

(2) Serve Apprenticeship. — No registered apprentice, registered under the 
provisions of this article, shall operate a cosmetic art shop, a beauty parlor, 
or hairdressing establishment in this state, but must serve his or her appren- 
ticeship under the direct supervision of a registered managing cosmetologist 
as required by this article ; Provided, however, That any apprentice who on 
March 10, 1934, is regularly employed under the supervision of one who is en- 
titled to registration as a managing cosmetologist under the provisions of 
§ 5261-8 hereof shall upon recommendation of such managing cosmetologist, 
and upon passing a satisfactory physical examination, be entitled to registra- 
tion as a registered cosmetologist. 1934, XXXVIII, 1349. 

§ 5261-4. Registered Cosmetologist — Qualifications. — Any person to prac- 
tice cosmetic art as a registered cosmetologist must have worked as a regis- 
tered apprentice for a period of at least six months under the direct super- 



§ 5261-5 1934 Supplement 228 

vision of a registered managing cosmetologist, and this fact must be demon- 
strated to the board of cosmetic art examiners by the sworn affidavit of three 
registered cosmetologists, or such other method of proof as the board may 
require and deem necessary. A certificate of registration as a registered cos- 
metologist shall be issued by the board hereinafter designated to any person 
who is qualified under the provisions of this article, or meets the following 
qualifications: (a) Who is qualified under the provisions of § § 5261-3 (1). (b) 
Who is at least eighteen years of age. (c) Who passes a satisfactory physical 
examination as prescribed by the said board, (d) Who has practiced as a 
registered apprentice for a period of six months under the immediate per- 
sonal supervision of a registered cosmetologist and (e) Who has passed a 
satisfactory examination conducted by the board to determine his or her 
fitness to practice cosmetic art, such examination to be prepared and con- 
ducted as to determine whether or not the applicant is possessed of the re- 
quisite skill in such trade to properly perform all the duties thereof, and has 
sufficient knowledge concerning the diseases of the face, skin and scalp, to 
avoid aggravation and spreading thereof in the practice of said profession. 
1934, XXXVIII, 1349. 

§ 5261-5. State Board of Cosmetic Art Examiners — Appointment — Quali- 
fications — Terms — Removal. — A board to be known as the state board of cos- 
metic art examiners is hereby established, to consist of three members ap- 
pointed by the Governor of the State, each member shall be an experienced 
cosmetologist and hairdresser, who lias followed the practice of cosmetic art 
for at least five years preceding his or her appointment, in the state. No 
member of the board shall be a member of, or affiliated with any school teach- 
ing any of the classified occupations, while in the office. 

The members of the said board shall take oath provided for public offices. 
The members of the first board appointed shall serve (first member) three 
years, (second member) two years, (third member) one year after appointed, 
and members appointed thereafter shall serve for three years. The Governor 
shall, at his option, remove any member for good cause shown and appoint 
members to fill unexpired terms. 1934, XXXVIII, 1349. 

§ 5261-6. Examiners — Office — Officers — Secretary — Duties — Compensation 
— Report. — The board of cosmetic art examiners shall maintain a suitable 
office in Columbia, South Carolina, and shall adopt and use a common seal 
for the authentication of its orders and records. Said board shall elect its 
own officers, and in addition thereto shall elect a full time secretary, salary 
of the secretary, as well as all other expenses of said board, to be paid only 
out of the revenue derived from fees collected under the provisions of this 
act. Said full time secretary shall keep and preserve all the records of the 
board. Issue all necessary notices to the registered cosmetologist and appren- 
tices of the state, and perform such other duties, clerical and otherwise, as 
may be imposed upon him, or her, as the case may be, by said board of cos- 
metic art examiners, said full-time secretary is hereby authorized and em- 
powered to collect in the name and behalf of the board, the fees prescribed in 
this article, and shall turn over all money so collected into such state or na- 
tional bank or trust company as may be designated and selected by the board 
as a depository for such funds ; and said secretary shall make full and com- 
plete record of such collections from the records of his office as and when 
required by the chairman of the board. Such secretary shall, upon entering 



229 Code of Laws of South Carolina § 5261-9 

upon the duties of office, execute a bond unto the state board with a duly 
licensed bonding company doing business in this State as surety or with other 
surety acceptable to said board, such bond to be in the penal sum of ten thou- 
sand ($10,000.00) dollars and to be conditioned upon the faithful performance 
of the duties of the office. The fund thus accumulated shall be disbursed 
under the provisions hereof or vouchers or checks signed by the chairman 
and secretary for the purpose of this article, and accounting rendered an- 
nually of receipts and disbursements as hereinafter provided in this section. 
Each member of the board of cosmetic art examiners, as herein created, shall 
receive for his or her service the sum of seven dollars and fifty cents ($7.50) 
per day for each and every day actually spent in the performance of his or her 
duties, and shall be reimbursed for actual necessary expenses incurred in the 
discharge of their duties, to be paid only from the funds derived from the 
fees collected in the administration of this article. The board shall report 
annually to the Governor a full statement of its receipts and expenditures, 
and also a full statement of its work during the year, together with such 
recommendations as it may deem expedient. 1934, XXXVIII, 1349. 

§ 5261-7. Examinations — Duties of Applicants. — Each applicant for an ex- 
amination shall: (a) make application to the board of cosmetic art examiners 
on blank forms prepared and furnished by the full-time secretary, such ap- 
plication to contain proof under the applicant's oath of the particular quali- 
fications of the applicant, application must be accompanied by a health cer- 
tificate issued by a regular licensed physician, under oath, on a form pre- 
scribed and supplied by said board, (b) Pay to the secretary of said board 
the required examination fee, hereinafter established, (c) All applications 
for said examination must be filed with the full-time secretary at least thirty 
days prior to the actual taking of such examination by applicant. The board 
of cosmetic art examiners shall conduct examinations of applicants for cer- 
tificates of registration to practice as registered cosmetologist, and of appli- 
cants for certificate of registration to practice as registered apprentices, not 
less than three times each year, at such times and places as will prove most 
convenient and as the said board may determine. The examination of ap- 
plicants for certificates of registration as registered cosmetologist and regis- 
tered apprentices shall include such practical demonstrations and oral or 
written tests as the said board may determine. 1934, XXXVIII, 1349. 

§ 5261-8. Non-Residents. — Persons who have practiced cosmetic art in 
another state and who move into this State shall prove and demonstrate his 
or her fitness, physical and otherwise, as set out in § § 5261-3 (1) and 5261-4, 
to the board of cosmetic art examiners, as herein created and as herein pro- 
vided, before they will be issued a certificate of registration to practice cos- 
metic art, but said board may issue such temporary permits as are necessary. 
1934, XXXVIII, 1349. 

§ 5261-9. Registration of Present Practitioners — Procedure. — The pro- 
cedure for the registration of present practitioners of cosmetic art shall be as 
follows : 

(a) Every person who has been practicing cosmetic art in South Carolina 
and who is practicing such art on March 10, 1934, upon making an affivadit 
to that effect, and complying with the provisions hereof as to physical fitness, 
and upon paying the required fee to the board of cosmetic art examiners, 
shall be issued a certificate of registration as a registered cosmetologist. 



§ 5261-10 1934 Supplement 230 

(b) Any person who, on March 10, 1934, is operating a shop as a managing 
cosmetologist, shall, upon making an affidavit to that effect, and complying 
with the provisions hereof as to physical fitness and upon paying the required 
fee to the board of cosmetic art examiners, be issued a certificate of regis- 
tration as a managing cosmetologist. 

(c) Any person, who on March 10, 1934, is regularly employed under a 
person who has registered as a managing cosmetologist shall be entitled to 
register as a cosmetologist as provided in § 5261-3 (2). 

(d) All persons who are not actively engaged in the practice of cosmetic 
art on March 10, 1934, shall be required to comply with all of the provisions 
of this article. 1934, XXXVIII, 1349. 

§ 5261-10. Fees. — The fee to be paid by an applicant for a certificate of 
registration to practice cosmetic art as an apprentice shall be three dollars 
and fifty cents ($3.50). The fee to be paid by an applicant for examination 
to determine his or her fitness to receive a certificate of registration as a 
registered cosmetologist shall be five dollars. The annual license fee of a 
registered cosmetologist shall be five dollars ($5.00), while the annual license 
fee of a registered apprentice shall be three dollars. All licenses both for 
apprentice's and registered cosmetologist's shall be renewed one year from 
the date of effectiveness of this bill, and renewed each year after ; such re- 
newals for apprentices shall be three dollars, and for registered cosmetologist 
five dollars ($5.00). The fees herein set out shall not be increased by the 
board of cosmetic art examiners, but said board may regulate the payment 
of said fees and prorate the license fees in such manner as it deems expedient. 
The fees for registration of an expired certificate for a registered cosmetolo- 
gist shall be five dollars and registration of an expired certificate of an ap- 
prentice shall be three dollars and fifty cents ($3.50). 1934, XXXVIII, 1349. 

§ 5261-11. Exemptions. — The following persons are exempt from the pro- 
visions of this article while engaged in the proper discharge of their pro- 
fessional duties : 

(a) Persons authorized under the laws of the state to practice medicine and 
surgery. 

(b) Commissioned medical or surgical officers of the United States army, 
navy or marine hospital services. 

(c) Undertakers. 

(d) Barbers. 

(e) The provisions of this article shall not apply to persons engaged in 
demonstrating the use of any facial or beauty preparation for the purpose 
of offering for sale to the public such facial and/or beautv preparation. 1934, 
XXXVIII, 1349. 

§ 5261-12. Shops and Schools — Sanitary Management — Inspection. — The 
state board of cosmetic art examiners herein created shall have authority to 
make reasonable rules and regulations for the sanitary management of cos- 
metic art shops, beauty parlors, hairdressing establishments, cosmetic art 
schools and colleges, hereinafter called shops and schools. No school shall 
be affiliated with or located at the same address. Any beauty shops or hair- 
dressing establishment operated in private homes or school must have run- 
ning hot and cold water, also drainage in rooms used for shop or school, and 
it shall be unlawful for the owner or manager of any shop or school to per- 



231 Code of Laws of South Carolina § 5261-13 

mit a person to sleep in or use for residential purposes any room used wholly 
or in part as a shop or school. 

The members of said board, or their duly authorized agents, shall have au- 
thority to enter upon and inspect any shop or school at any time during 
business hours. A copy of the rules and regulations adopted by said board 
and to be approved by the state board of health, shall be furnished by the 
board of cosmetic art examiners, or their duly authorized agents, to the 
owner or manager of each shop or school in the state, and such copy shall be 
posted in a conspicuous place in each shop and school. 1934, XXXVIII, 1349. 

§ 5261-13. Certificates. — (1) Issuance. — Whenever the provisions of this 
statute shall have been complied with the said Board shall issue, or cause to 
be issued, a certificate of registration as registered cosmetologist, or as a 
registered apprentice to the applicant as the case may be. 

(2) Display. — Every holder of a certificate of registration shall display it 
in a conspicuous place adjacent to or near his or her work chair. 

(3) Renewal. — Every registered cosmetologist, and every registered ap- 
prentice, who continues in active practice or service shall annually after March 
10, 1934, file with the secretary of the board an application for the renewal 
of his or her certificate upon blanks furnished by the said board and furnish 
evidence of his or her physical fitness, and upon the payment of the fees as 
required herein such application shall be renewed for a term of one year and 
no longer. Such application shall be filed with the secretary of the said board 
on or before March 1st, and/or on any other date designed by the said board, 
of each year hereafter. Any registered cosmetologist who retires from 
the practice of cosmetic art for not more than three years may renew his or 
her certificate of registration upon the payment of the registration fee and 
furnish to the secretary of the board such information as is required by the 
board, together with evidence of physical fitness : Provided, That such ap- 
plicant is qualified by and under the provisions of this article. 

(4) Causes for Refusal to Issue or Renew, or Suspend or Revoke. — The 
Board of cosmetic art examiners may either refuse to issue or renew, or may 
suspend or revoke any certificate of registration for any one or combination 
of the following causes: (a) Conviction of a felony shown by certified copy 
of the record of the court of conviction, (b) Gross malpractice or gross in- 
competency, which shall be determined by the board of cosmetic art exami- 
ners, (c) Continued practice knowingly having infections or contagious dis- 
ease, (d) Advertising by means of knowingly false or deceptive statements. 
(e) Habitual drunkness or habitual addiction to the use of habitforming 
drugs, (f) The commission of any of the offenses described in § 5261-14. 

(5) Procedure to Refuse to Issue, Renew, Suspend, or Revoke Certifi- 
cate — Appeal. — The board may neither refuse to issue, renew, suspend, or re- 
voke any certificate of registration, for any of these causes unless the person 
accused has been given at least twenty days' notice in writing of the charges 
against him or her and public hearing by the board of cosmetic art examiners. 
(a) Upon the hearing of any such proceedings the board may administer 
oaths and may procure by its subpoena the attendance of witnesses and the 
production of relevant books and papers, (b) Any cosmetologist in the State 
whose case has been passed upon by the board of cosmetic art examiners shall 
have the right to appeal to the circuit courts of the state in the same manner 
as is now provided for by law in regulating appeals from the magistrate 



§ 5261-14 1934 Supplement 232 

courts, which court in its discretion may reverse or modify any order made by 
the said board of cosmetic art examiners, and which appeal is to be heard 
upon all of the original records before the state board. 1934, XXXVIII, 1349. 

§ 5261-14. Violations — Penalty. — Each of the following constitutes a mis- 
demeanor, punishable upon conviction by a fine of not less than $10.00 and 
not more than $50.00, or imprisonment for not less than ten days and not 
more than thirty days. 

(a) The violation of any of the provisions of section 5261-1. 

(b) Permitting any person in one's employ supervision or control to prac- 
tice as a cosmetologist unless that person has a certificate as a registered cos- 
metologist. 

(c) Obtaining or attempting to obtain a certificate of registration for money 
other than required fee, or any other thing of value, or by fraudulent mis- 
representations. 

(d) Practicing or attempting to practice by fraudulent misrepresentation. 

(e) The wilful failure to display a certificate of registration as required 
by subsection 2, § 5261-13. 

(f) The wilful and continued violation of the reasonable rules and regula- 
tions adopted by the state board of cosmetic art examiners, and approved by 
the state board of health, for the sanitary management of shops and schools. 
1934, XXXVIII, 1349. 

§ 5261-15. Keep Records. — The board of cosmetic art examiners shall keep 
a record of its proceedings relating to the issuance, refusal, renewal, suspen- 
sion and revocation of certificates of registration. This record shall also con- 
tain the name, place of business, and residence of each registered cosmetolo- 
gist and registered apprentice, and the date and number of his certificate of 
registration. This record shall be open to public inspection during all days 
excepting Sundays and legal holidays. 1934, XXXVIII, 1349. 

§ 5261-16. State Make No Appropriation for Enforcement. — The State of 
South Carolina shall not in any manner be required to appropriate public 
funds to enforce the provisions of this article. 1934, XXXVIII, 1349. 

§ 5266. Embalmers to Obtain Licenses. — * * * — Provided, That persons 
who were then studying or had taken a three months' course in embalming 
prior to the passage of Act No. 781 of the Acts of 1930, wherein the time 
prescribed was increased from three months to six months, shall be permitted 
to stand the required examination, and upon satisfactorily passing such ex- 
amination shall be licensed to practice embalming under the provisions of 
this section. 1932, XXXVII, 1544. 

The last proviso was added by 1932/1544. it is not reproduced. 
There being no other effect on the section 

§ 5295.— Record of Teachers' Certificates.—* * *— Provided, That the 
bureau of examiners for teachers be authorized and empowered to charge a 
fee of fifty (50c) cents for every duplicate certificate. The proceeds from 
such fees shall be deposited with the State Treasurer to be used by the bureau 
of examiners to cover the expense and labor of issuing duplicate certificates 
promptly and to pay the traveling expenses of the director of the bureau of 
examiners while in the discharge of his official duties. Provided, That all 
disbursements shall be made only on vouchers approved by the state superin- 
tendent of education. An itemized statement of such expenditures shall be 



233 Code of Laws of South Carolina § 5316 

kept and published in the annual report of the state superintendent of educa- 
tion. 1933, XXXVIII, 323. 

The above proviso added by 1933/323. 

§ 5296. State Board of Education to Award Certain Scholarships. — Re- 
pealed by 1934 Acts, page 1686. 

§ 5297. Dates of Competitive Examinations.— Repealed by 1934 Acts, page 
1686. 

§ 5298. Conditions and Methods of Examinations. — Repealed by 1934 Acts, 
page 1686. 

§ 5299. Vacancies— How Filled.— Repealed by 1934 Acts, page 1686. 

§ 5300. Requirement as to Scholarships. — Repealed by 1934 Acts, page 
1686. 

§ 5301. State Board of Public Welfare to Investigate Financial Status of 
Certain Persons. — Repealed by 1934 Acts, page 1686. 

§ 5302. Report.— .Repeated by 1934 Acts, page 1686. 

§ 5303. Boards to Act on Report. — Repealed by 1934 Acts, page 1686. 

§ 5304. Right of Appeal.— Repealed by 1934 Acts, page 1686. 

§ 5305. Normal Scholars Deposit Notes. — Repealed by 1934 Acts, page 1686. 

§ 5306. Enrollment Defined. 

See section 5412-8 for enrollment in Berkeley County. 

§ 5308. — County Superintendent of Education. 

Bond of Superintendent of Education of For bond of Superintendent of Education 

Oconee County increased to $15,000.00 from of Bamberg County § 3989-1 ; Cherokee 

$10,000.00, 1933/334. County § 4121-1 ; Newberry County § 4666. 

See section 46S9. 

§ 5309. Vacancies. — The state board of education shall fill all vacancies in 
the office of county superintendent of education for the unexpired term: 
Provided, That any vacancy in the office of county superintendent of educa- 
tion in Lancaster County shall be filled by the Governor upon the recommenda- 
tion of the senator and/or a majority of the legislative delegation of said 
county. 1932, XXXVII, 1364. 

The proviso was added by 1932/1364. See notes to § 5475. 

§ 5316. Allendale County — School Finances. — (4) Levies for School Pur- 
poses. — The auditor of Allendale County is hereby authorized and directed to 
levy for general school purposes for the year 1932 and ensuing years until 
otherwise directed, in the several school districts of Allendale County, includ- 
ing all high school districts, taxes in the same amount as were levied for the 
year 1931, and the treasurer is hereby authorized and directed to collect the 
same at the same time and in the same manner as other taxes are collected : 
Provided, That in those school districts, where in the judgment of the trustees, 
an increase or decrease of the tax levy is proper or necessary, such levy may 
be increased or decreased in accordance with the necessities of such school 
district upon the written petition of the board of trustees of such school dis- 
trict, or a majority thereof, duly approved by the county board of education 
of Allendale County. 1932, XXXVII, 1262. 

Subsection 4 added by 1932/1262. The section otherwise remains the same. 



§ 5319 1934 Supplement 234 

§ 5319. Charleston County — School Financing". 

School commissioners for city of Charles- toil County auditor levy aixl collect school 
toil may borrow on anticipated revenue of taxes in Charleston school district, 19;j4/ 
school district no. 20, 1933/391. Charles- 1505. See also section 5413. 

§ 5319-2. Chester County — School Finances. 

For transportation of school children, increase in school levies in three years in 
awarding of contracts, etc., 1933/407. No Chester County, 1933/407. 

§ 5319-4. Edgefield County — School Finances. 

A special levy not to exceed 10 mills for District, Edgefield County, 1932/1421. 
school purposes authorized in Bacon School 

§ 5319-5. Fairfield County — School Finances. 

Legislative delegation with school trus- 516. 
tees authorized to reduce school taxes, 1933/ 

§ 5319-6. Florence County — School Finances. 

School trustees in Florence County re- 1932/1274, 1933/31P 
quired to prepare and file budgets annually, 

§ 5319-8. Greenville County — School Finances. 

By 1932/1226, 1330, school districts of Greenville County may borrow to operate. 

§ 5319-11. Kershaw County — School Finances. 

School trustees prepare and file budgets annually, expenditures limited. 1933/50S. 

§ 5319-12. Lancaster County — School Finances. 

See 1932/1434 which relates generally to the requiring of budgets, and the operation 
the financing of Lancaster County schools, of graded and high schools. 

§ 5319-15. Lexington County — School Finances. 
School trustees required to file budgets annually. 1933/269. 

§ 5319-16. Marion County — School Finances. 

See 1932/1321 for provision providing for submit budgets, payment of fees for high 
special taxes for school purposes, disburse- school pupils. See also 1933/553 which 
ment thereof, school trustees prepare and amends the said 1932 act. 

§ 5319-23. Sumter County — School Finances. 

Trustees of the city schools of city of Sumter, 1932/1177. Trustes of Sumter 

Sumter required to secure deposits of school County schools to prepare and file budgets, 

funds, 1932/1177. Use of sinking funds by 1932/1236. School district of the city of 

trustees of the city schools of the city of Sumter, see 1932/1415. 

§ 5319-25. York County — School Finances. 

See 1932/1294 which provides for election levy of five mills for schools. By 1932/ 

of trustees to fill vacancies, reports on fi- 1205 Yorkville school district No. 11 may 

nancial condition of school districts, mileage borrow annually to pay current expenses, 

allowed to superintendent of education, dis- Salary of clerk for superintendent of 

bursements by superintendent of education, education, and disbursement of school funds 

etc. See 1933/492 which provides for county 1934/1426. 

§ 5320. Clarendon County — School Finances. 

Disbursement of school funds. 1934/1274. 

§ 5320-A. Colleton County — School Finances. 

By 1932/14S9 a county levy not to exceed was authorized to pay tuition fees. The 

9 mills was authorized in Colleton County said 1932 Act also provided for the county 

to pay teachers for three months and trans- board of education to prepare budgets an- 

portation, a county wide levy of three mills nually, and for special levies to be reduced. 

§ 5320-F. Jasper County — School System and Finances. 

For annual county school tax, teachers Tillman School District No. 5 added to 

salaries and authority for schools to bor- Ridgeland Centralized High School Dis- 

row, see 1933/531; 1934/1300. The saic trict, 1934/1193. 
1933 Act is cumulative to § 5320-F. 



235 Code of Laws of South Carolina §5350 

§ 5320-G. Marlboro County— School Finances. 

Trustees report annually on finances and teachers employed, 1934/1474. 

§ 5320-J. Spartanburg- County — School Finances. 

See 1933/566 for one mill levy for school purposes. 
§ 5320-K. Union County — School Finances. 

The following proviso was added to sub- number, including the Senator, of the Union 

section 2 of this section: "Provided, That County delegation in the general assein- 

no tax shall be levied by the auditor on all bly." 1932/1412. 1932/1478 limited the con- 

of the taxable property of Union County ex- tractual rights of school trustees in Union 

cept by and with the consent and under County. The 6-0-1 School Law referred to 

the direction in writing of a majority in in this section was superseded by 1933/567. 

§ 5328. Expenses of County Superintendents of Education. 

The last proviso of this section appro- dent of Education for clerical help was re- 
priating $600 to York County's Superinten- pealed by 1932/1307. 

§ 5335. County Board of Education — Of Whom Composed, Etc. 

Appointment, duties, etc., county board of ty. 1932/1386; Lexington County, 1933/21. 
education in Aiken County, 1933/495 ; An- See generally as to election of member 

Berson County, 1933/36S ; Dillon County. of county board of education and qualifica- 

11932/1117; Dorchester County, 1933/113: tions of voters. Hughes v. Blackwell et al.. 

Kershaw County. 1933/330; Laurens Coun- 161 S. C, 445, 159 S. E., 785. 

§ 5336. Dorchester County Board of Education. 

v< 5336, 1932 Code, superseded by 1933/ term, etc., of members of Dorchester Coun- 
113. See the said 1933 act for appointment, ty board of education. 

§ 5343-B. Books and other Necessaries for Certain School Children in 

Fairfield County. 

A tax of 1 mill in Fairfield County an- for the public schools of Fairfield County, 
thorized by 1933/516 to supply school books 

§ 5343-1. Teach Traffic Laws in State Schools and Colleges. — It is made 
the duty of the state department of education and the trustees of the state 
institutions of higher learning to establish and require to be taught in the 
respective schools under their control, a course of instruction on the traffic 
laws of this state. Such course of instruction shall be by lectures. It is con- 
sidered that too many lives are being lost by reason of highway accidents 
and this legislation is enacted to the end that these fatalities may be decreased 
and that those who, in their use of public highways of the state observe the 
traffic laws, may be accorded the protection and security in their lives and 
properties to which they are entitled. 1934, XXXVIII, 1363. 

This section added by 1934/1363. 

§ 5344. One Mill School Tax Levy. 

See section 547S, this supplement. 

§ 5345. Distribution of Proceeds. 

See section 5478, this supplement. 

§ 5346. Three Mill Tax— Distribution. 

See section 547S, this supplement. 

§ 5347. Schools in Textile Communities Aided from Three Mill Tax on 
Eight Grades — Discretion of County Board. 

See section 5478, this supplement. 

§ 5350. Counties to Be Divided into School Districts — By Whom, Size, Etc. 

Area of school districts in Lexington school districts in Lexington County limited. 
County not to exceed 50, nor less than 9 1933/54. 
square miles, 1932/1483. Consolidation of Actions Ex Delicto. — School districts 



§ 5356 1934 Supplement 236 

under this section not liable for actions ex Area of Districts in Lexington County. — 

delicto. Sherbert v. School Dist. No. 85, The General Assembly did not have the 

Spartanburg Co., 169 S. C. 191; 168 S. E. power, by a special Act, to destroy the 

391. corporate existence of school districts Nos. 

Consolidation of Districts. — The county 4 and 6 and combine them with No. 1 into 
board of education is without authority and a new school district having an area ad- 
jurisdiction to consolidate two school dis- mittedly far in excess of 49 square miles 
tricts, in the absence of a petition of at allowed by law. Kizer et al. v. Dent, Audi- 
least one-third of the qualified voters of tor et al., 163 S. C, 403, 161 S. E., 690. 
each district. Mills v. State Board of Edu- Consolidation of Districts. — D i s t r i cts 
cation, 107 S. C. ; 429; 166 S. E. 500. cannot be consolidated except on the peti- 

County board is not required, even when tion of the required number of voters of 

petition is made, to form the new district. each district. Mills et al. v. Board of Edu- 

Kearse v. Lancaster, 172 S. C, 59; 172 S. E. cation et al. (S. C, 1932). 
767. 

§ 5356. How School Districts May Levy Special School Tax — How Col- 
lected and Paid. — * * * (1) Provided, That no special tax to supplement the 
present school taxes in Greenville County or in any school district within said 
county shall be levied pursuant to the provisions of section 5356, or any acts 
amendatory thereof, unless and until a majority of the resident electors with- 
in any such school district in Greenville County, and a like proportion of the 
resident free holders of the age of twenty-one (21) years, file a petition with 
the county board of education of said county asking for the same and stating 
the rate of tax levy proposed and when such petition has been filed an elec- 
tion shall be held pursuant to the provisions of section 5356 at which election 
only such electors as return real or personal property for taxation and who 
exhibit their tax receipts and registration certificate, as required in general 
elections, shall be allowed to vote : Provided, That in Greer school district 
No. 9-H, Greenville County, the board of trustees of such school district is 
authorized and empowered to levy such special tax when the amount thereof 
does not exceed twenty-two mills, without any of the foregoing requirements. 

(2) Provided, That any tax which may be levied, increased, de- 
creased or repealed, after July 1st in any fiscal year by any school district in 
the county of Charleston, or by the voters or electors of any school district 
in said county, in the manner and for the purpose or purposes provided in 
section 5356, shall not take effect until the next succeeding year. 1934 
XXXVIII, 1591, 1382. 

Proviso 1 added by 1934/1382; proviso 2 added by 1934/1591. 

§ 5359. School Districts May Issue Bonds— Elections.— * * * (1) Pro- 
vided, That no bonds for school purposes shall be issued by Greenville County 
or by any school district within said county pursuant to the provisions of 
this section unless and until the question of issuing bonds, authorized in this 
section, shall first be submitted to the qualified voters of such school district 
who return real or personal property for taxation within said district and 
no such election shall be held except upon the written petition or request of 
at least a majority of the resident electors, and a like proportion of the resi- 
dent free holders of the age of twenty-one (21) years to determine whether 
said bonds shall be issued or not. 1933, XXXVIII, 114. 

Proviso (1) added by 1933/114. 

§ 5365. How Money Shall Be Deposited.—* * * Provided, further, That 
whenever any school district in Spartanburg County, state of South Carolina, 
shall have money in sinking fund for the retirement of outstanding bonds, and 
shall have cash balances over and above the current expenses of said school 
districts, that the board of trustees of such school district shall have the right 



237 Code op Laws of South Carolina § 5369 

to use such sinking fund to buy in open market bonds of the issue for which 
such sinking fund is established, and to use the said cash balances to buy 
in the open market bonds of such school districts. 1933, XXXVIII, 207. 

§ 5369. Appointment and Election of School Trustees. — Unless it be now 
specially provided otherwise by law for any particular school district or county, 
the boards of school trustees in this State shall be composed of three (3) mem- 
bers, each of whom when appointed, pursuant to the terms hereof, shall hold 
office for a term of three years. The county boards of education of this State 
shall, within thirty days after the approval hereof, appoint one trustee from 
the qualified electors and the taxpayers residing in the district for which the 
appointment is made, for each school district to succeed the trustees whose 
term expires during 1933 to serve with the hold-over members, and until their 
successors have been appointed and qualified ; and shall, during the first week 
of April in each year thereafter make a like appointment of a trustee for 
each district who shall hold in like manner until their successors have been 
appointed and qualified. Trustees shall be subject to removal from office 
for cause by the county boards of education upon notice, and after being 
given the opportunity to be heard by the county board of education. Any 
such order of removal shall state the grounds thereof, the manner of notice 
and the hearing accorded the trustee, and any such trustee shall have the 
right to appeal within ten (10) days after service of such order upon him 
to the state board of education. Vacancies occurring in the membership of 
any board of trustees for any cause shall be filled for the unexpired term by 
the county board of education in the same manner as provided for full term 
appointments. The trustees shall as soon as practicable after the appointment 
of any new trustees organized by the election of one of their members as 
chairman and another as clerk of the board. The chairman shall preside at 
meetings of the board and perform other duties imposed on him under the 
law, and the clerk shall keep a record of the proceedings of all meetings in 
a book provided for that purpose, and perform all other duties required of 
him by law. All meetings shall be at the most convenient and practicable 
place in the district. No teacher or other employee shall be employed or any 
purchase made except in a duly called meeting of the board, of which each 
member has been notified by the clerk of the board of the time, place and 
purpose thereof at least three days in advance in writing of such meeting, or 
unless a written waiver of such notice of meeting is signed by each member 
of the board of trustees and unless such action or the memoranda of the terms 
of any such contract of employment or purchase shall be duly recorded in 
the minutes of such meeting and approved by the board. No contract shall 
be entered into with teachers before April 15 of each year. Provided, That 
the provisions hereof shall neither repeal, supersede, nor annul any special 
act providing for the appointment, or election of school trustees in any school 
district, or in any of the several counties of the State. Provided, however, 
That in Chester County the trustees for each school district, except special 
or graded school districts exempted herein, shall all be appointed at once upon 
the approval hereof. One of whom shall serve for one year ; one of whom 
shall serve for two years, and one of whom shall serve for three years, the 
term of each to be designated by the county board of education ; and the 
successors shall thereafter be appointed for three years each, and the terms 
of office of all trustees who now hold said office hereby are terminated, 
ended and declared expired as of April 1st, 1933. Provided, further, That 

16— S. C. C. 



§ 5384 1934 Supplement 238 

the provisions hereof shall not apply to Bamberg County and Georgetown 
County. 1933, XXXVIII, 493. 

This section was amended by 1933/493. 1933/493. The provisos to this section in 

For the changes made by the said 1933 act 1932 Code providing for election of school 

a comparison of this section in the 1932 trustees in Chesterfield County superseded 

code with the present is suggested. Pro- by 1933/239. See the said 1933 act and 

visos one and two come from this section 1934/1430 for election of school trustees in 

in 1932 Code, and were not repealed by Chesterfield County. 

§ 5384. Powers and Duties of School Trustees. 

See generally as to meetings, etc., neces- for Salary. — Windham v. Black Creek Dis- 

sary for trustees to legally elect school trict, 143 S. C. 511 ; 141 S. E. 896 ; McAdams 

teachers. McAdams v. School District No. v. School District, 161 S. C. 380, 159 S. E. 

14. 161 S. C, 380, 159 S. E., 654. 654. 

Teacher May Sue District or Trustees See § 5478. 

§ 5388. County Boards of Education Set Aside Funds to Aid in Construc- 
tion of School Buildings. — Repealed by 1934 Acts, page 1600. 

§ 5402. Employment of Teachers, Bus Drivers and Other Employees in 
Berkeley County. — Superseded by 1932 Acts, page 1197. 

See § 5412-8 for employment of teachers, bus drivers, et al., in Berkeley County. 

§ 5412-2. Public School System in Aiken County. 

See 1933 act 495, which provides for ap- powers, duties, etc., of members of said 
pointment of county hoard of education, board. 

§ 5412-8. Public School System in Berkeley County. 

1932/1197 provides for transportation of drivers, and other help. Enrollment school 
school children, appointment or election of children. 1934/1207. 
trustees, employment of teachers, bus 

§ 5413. Public School System in Charleston County. 

Subsection 14 amended by 1932/1482, the Charleston (Memminger high school) was 

county board of education was authorized eliminated. Penalties were provided upon 

to promulgate its own teacher's salaries in- delinquent taxes in the city of Charleston, 

stead of having to follow those in 6-0-1 law; 1933/255. 

and the last proviso prior to 1932/1482 Trustees for McClellanville high school, 

relating to district No. 10. Edisto Island, 1934/1595. 

omitted. By 1933/410, 1934/1259, the fifth See also §§ 5319 and 5437. 
year of the girls high school of the city of 

§ 5413-1. Public School System in Chester County. 

Chester County board of education may insure school buildings, 1934/127S. 

§ 5413-3. Public School System in Chesterfield County. 

See 1932/1275 for additional duties and See 1933/239, 1934/1430, which provides for 
powers of Chesterfield County board of edu- election of school trustees in Chesterfield 
cation, transportation of school children. County, 
employment of teachers, and other help. 

§ 5414. Public School System in Georgetown County. 

Subsection 18 was amended by 1932/1287. pointed by the governor upon the recom- 
The changes made were the general levy of mendation of the senator and at least one 
8 mills for teachers salaries was reduced to member of the house from said county. 
6 mills ; the second additional county levy The terms of office of the appointed mem- 
was increased from 2 to 4 mills. The fob bers were to be designated by the governor, 
lowing proviso was added to the said sub- The regular term of office was fixed at 
section : "Provided, These funds shall be four years. The board as constituted be- 
used solely for the purpose of assisting fore the 1933 amendment was abolished, 
weak schools, and then only when written Teacher's Remedy to Collect Salary. — 
approval shall have been obtained from A teacher may bring suit in the event 
a majority of the legislative delegation." of ronpayment by the county board of edu- 
Subsection 2 of this section was amended cation of Georgetown County of any amount 
by 1933/458. All of the members of the due him under his contract with the said 
county board of education for Georgetown hoard. Mandamus is not proper remedy 
County by the said Act were to be ap- against said board. The county superinten- 



239 Code of Laws of South Carolina § 5474 

dent of education and the county treasurer make payment thereof, respectively. 

by mandamus may be required after proper Draoghon v. Colbert, 171 S. C. 22 ; 171 S. E. 

judgment of court or on proper warrant 445. 
from county board to approve the claim and 

§ 5431. Students of Schools to Observe Arbor Day.— Repealed by 1934 
Acts, page 1J$%. 

See § 7054-2 this supplement. 

§ 5437. Powers and Duties of School Board of City of Charleston. 

The fifth year of Girls high school, city penalties on delinquent school taxes in the 
of Charleston, eliminated by 1933/410; city of Charleston. 
1934/1259. See 1933/255 which provides See also § § 5413 and 5319. 

§ 5438. Additional School Tax in City of Charleston. 

This section was amended by 1932/1537. was to increase the levy from 10 mills to 
The change made by the said amendment 11 mills. 

§ 5441. Board to Appoint Beneficiaries in State University. — Repealed by 
1934 Acts, page 1686. 

§ 5473. State Census of Children of School Age.— (1) It is made the duty 
of each teacher or teachers in each school in this State, in co-operation with 
the local board of school trustees, as often as required by the state super- 
intendent of education, before the close of the schools in such districts, to 
take and report an enumeration of the youth residing in such district who 
will be between the ages of six and twenty-one on the first day of July fol- 
lowing the date of enumeration, distinguishing between males and females, 
and white and colored : Provided, That the state superintendent of education 
shall require this census to be made at least every three years. 1934, 
XXXVIII, 1236. 

§ 5474. Disbursement of Funds for Transportation of Pupils to and from 
Public Schools. — (1) Routes. — The county board of education of the respec- 
tive counties of South Carolina shall designate official routes for the trans- 
portation of pupils to and from public schools in said counties which routes 
shall be approved by the state department of education: Provided, That in 
Lexington County the local trustees of school districts operating bus routes 
for transportation of school children shall designate such official routes which 
shall be the most direct routes through the territories served, so as to reduce 
each official route to the minimum mileage. 

(2) Payment of Transportation — Basis. — There shall be paid for trans- 
portation out of the state funds appropriated for the 6-0-1 school law the 
sum of three hundred fifty thousand ($350,000.00) dollars to be apportioned 
to the counties of the State on the basis of per pupil per mile of transporta- 
tion on these official transportation routes, in each of the counties of the 
state : Provided, That no pay shall be made for fractions of a mile. 

(3) Contracts — Public Bids — County or School District Owned Buses. — 
All contracts for transportation of pupils shall be let only after public bid- 
ding has been advertised for in one or more newspapers of the county at 
least once a week for not less than three consecutive weeks. All bids shall 
be addressed to the county superintendent of education, marked on outside 

of sealed envelope "Bid for transportation of pupils on route No. ," 

and shall be opened at the hour designated in the advertisement. Bids shall 
be opened and awards made by the county board of education, who shall 
have the right to reject any and all bids, and to readvertise for new or ad- 
ditional bids. All contracts for transportation shall be awarded to the lowest 



§ 5474 1934 Supplement 240 

responsible bidder: Provided, however, That the provisions of this subsection 
shall not apply to counties or school districts owning their own school buses, 
and in such cases such counties and school districts shall share in the funds 
provided in subsection 2 the same as all other counties and school districts : 

(1) Provided, That in Lexington County all such contracts for transportation 
of pupils shall be let by the superintendent of education and the trustees of 
the respective school districts in said county, after notice to all bidders by 
publication of the same in one or more newspapers having circulation in said 
county for three (3) consecutive weeks prior thereto, which notice shall 
state the time and place the contracts shall be let. All bids for any such 
contracts shall be submitted, in writing in sealed envelopes, and filed with the 
trustees of the respective school districts, and which bids shall be held under 
seal by the trustees with whom filed. On the day stated in said notice for 
the letting of said contracts the said trustees shall meet in the office of the 
superintendent of education for Lexington County, and said bids shall then 
and there be publicly opened and read, and said contracts shall be accordingly 
awarded to the lowest bidder therefor. The said board of education and 
trustees may reject any or all bids offered if in their judgment such bids 
are excessive, and in that case said board of education and trustees shall re- 
advertise for additional bids and thereafter let said contracts as above pro- 
vided. Any and all contracts awarded otherwise than in this section pro- 
vided, shall be invalid and no claims based thereon shall be paid: Provided, 
That in Lexington County contracts for transportation of pupils may be let 
for a term of from one to three years, and shall be let on or before the 
second Tuesday in July of any year in which new contracts are to be made. 

(2) Provided, That in Jasper County all such contracts for the transporta- 
tion of pupils shall be let by the county board of education of said county 
after notice to all bidders by publication of the same in one or more news- 
papers having circulation in said county for three (3) consecutive weeks 
prior thereto, which notice shall state the time and place the contract shall 
be let. All bids for such contracts shall be submitted in writing in sealed 
envelop and filed with the county superintendent of education. On the date 
stated in said notice for the letting of said contract the said board of educa- 
tion shall meet in the office of the superintendent of education for Jasper 
County and the said bids then and there opened and read, and said contracts 
shall within ten (10) days be awarded to the lowest responsible bidder 
therefor. The said board of education may reject any and all bids offered, 
if in its judgment such bids are excessive, and, in that case, the said board 
of education shall advertise for one week for additional bids, and thereafter 
let said contracts as above provided, and any or all contracts awarded other- 
wise than in this section provided shall be invalid, and no claims based there- 
on shall be paid. That said contracts shall be for a term of two scholastic 
years and the person to whom said contract is awarded shall be at least 
twenty-one (21) years of age, a resident of the county of Jasper, of good 
moral character and shall enter into a bond in the sum of one thousand 
($1,000.00) dollars, conditioned for the faithful performance of his contract 
with one or more sureties, sufficiency thereof to be approved by the county 
superintendent of education: Provided, That any contracts made under the 
provisions of this proviso may be cancelled at any time by either party by 
giving ten (10) days notice in writing and the payment of seventy -five ($75.00) 
dollars to the other party. (3) Provided, That in Anderson County the county 



241 Code of Laws of South Carolina § 5478 

board of education shall require the successful bidder to procure and file 
with the said board liability insurance or surety bonds with some casualty 
or surety company authorized to do business in this State in such amount 
as said board may determine, insuring and indemnifying teachers and school 
pupils against damage from personal injuries received while being trans- 
ported to and from schools under said contract and for which the driver 
and/or owner of the vehicle being used in such transportation would be civilly 
liable. Such policy of insurance or bond to contain such conditions, provi- 
sions and limitations as said board may prescribe and the same shall be pro- 
cured and filed as aforesaid prior to the awarding of the contract of trans- 
portation and shall be kept in full force and effect during the term of such 
contract and failure to do so shall be cause of revocation of said contract. 
Provided, however, that in the event said board finds it impracticable to re- 
quire such policy of insurance or bond, said board may award the contract 
of transportation in the manner as now provided by law. (4) Provided, 
further, That in Marion County the county board of education may in their 
discretion renew contracts for transportation of pupils, without competitive 
bidding, upon the same or such other terms as they may approve, from year 
to year, for not exceeding four years (exclusive of the original period) in 
any case ; but this proviso shall not apply to vacancies due to death or resigna- 
tion. 

(5) Contracts for the transportation of pupils in the public schools of New- 
berry County, shall not be made to cover a period longer than three years 
from the date thereof. 1933, XXXVIII, 210; 1933, XXXVIII, 75, 81, 210; 
1934, XXXVIII, 1362, 1424. 

Subsection 1: The proviso to this subsec- Proviso 4 added by 1934/1362; proviso 5 

tion added by 1933/75. Subsection 2: See added by 1934/1424. 

1933/567 which repeals the 6-0-1 school law. Transportation of school children in Ches- 

Subsection 3 : Proviso one added by 1933/75. ter County, contracts, bus routes, etc., 1933/ 

Proviso 2 amends this section in 1932 Code, 407. 
1933/81. Proviso 3 added by 1933/210. 

§ 5478. State Aid for Public Schools. — (1) Pay Salaries School Teachers 
for Six Month Term — Requirements of Schools. — The general assembly shall 
make sufficient appropriation to pay the salaries of all school teachers in 
the public schools on the basis and for the length of term of six (6) months 
in the elementary and high schools in the State : Provided, however, That 
no school in any school district shall continue open for a longer period of 
time than that fixed by the board of trustees in the district where such school 
is located, or the county board of education in any county which may operate 
under a comity unit plan. No school shall receive any benefits under the 
provisions of this section which does not have the minimum enrollment and 
average daily attendance, for the previous scholastic year fixed in the sche- 
dules below : In two teacher high schools the minimum enrollment shall be 
32, with an average daily attendance of 28 ; in a three teacher high school 
the minimum enrollment shall be 50, with an average daily attendance of 44 ; 
in four teacher high schools the minimum enrollment shall be 83, with an 
average daily attendance of 66 ; in five teacher high schools the minimum en- 
rollment shall be 110, with an average daily attendance of 88 ; in six teacher 
high schools the minimum enrollment shall be 138, with an average daily 
attendance of 110; in seven teacher high schools the minimum enrollment 
shall be 168, with an average daily attendance of 134; in eight teacher high 
high schools, the minimum enrollment shall be 200 with an average daily 



§ 5478 1934 Supplement 242 

attendance of 160 ; in nine teacher high schools the minimum enrollment shall 
be 234, with an average daily attendance of 187 ; in ten teacher high schools 
the minimum enrollment shall be 270, with an average daily attendance of 
216; in eleven teacher high schools the minimum enrollment shall be 308, 
with an average daily attendance of 246 ; in twelve teacher high schools the 
minimum enrollment shall be 348, with an average daily attendance of 278 ; 
in all high schools with more than twelve teachers the minimum enrollment 
shall be thirty pupils for each teacher and have an average daily attendance 
of twenty-five pupils for each teacher. In a one teacher elementary school 
the minimum enrollment shall be 20, with an average daily attendance of 
15; in a two teacher elementary school the minimum enrollment shall be 40 
with an average daily attendance of 32 ; in a three teacher elementary school 
the minimum enrollment shall be 75, with an average daily attendance of 60; 
in four teacher elementary schools the minimum enrollment shall be 105, with 
an average daily attendance of 84 ; in five teacher elementary schools the 
minimum enrollment shall be 140, with an average daily attendance of 112 ; 
in six teacher elementary schools the minimum enrollment shall be 175, with 
an average daily attendance of 140 ; in seven teacher elementary schools the 
minimum enrollment shall be 210, with an average daily attendance of 168 ; 
in eight teacher elementary schools the minimum enrollment shall be 248, 
with an average daily attendance of 200; in nine teacher elementary schools 
the minimum enrollment shall be 288, with an average daily attendance of 
230; in ten teacher elementary schools the minimum enrollment shall be 330; 
with an average daily attendance of 264 ; in eleven teacher elementary schools 
the minimum enrollment shall be 374, with an average daily attendance of 
300 ; in twelve teacher elementary schools the minimum enrollment shall be 
420, with an average daily attendance of 366 ; in all elementary schools with 
more than twelve teachers the minimum enrollment shall be 36 pupils for 
each teacher, and have an average daily attendance of 30 pupils per teacher: 
Provided, That if any one and/or two teacher schools fails to maintain the 
minimum schedule herein provided, it shall participate only in proportion 
to the enrollment and average attendance maintained : Provided, further, 
That no one teacher school shall be deprived of the benefits of this section 
where such school fails to meet the minimum requirements of enrollment and 
average attendance, and it is impractical to consolidate the said school with 
some other school because of mountains, rivers, islands, swamps, or other 
natural causes. The county board of education in which said school is located 
to be the competent judge in such case : Provided, further, That no person 
except the superintendent of a school system employing more than ten (10) 
teachers shall receive any pay under the provisions of this section who 
teaches less than four periods daily of forty-five minutes each. 

(2) "School" Defined. — For the purpose hereof a school shall be construed 
to mean all pupils of a race legally enrolled within a school district. 

(3) Maximum Salary Schedule — Allowance for Supervision or Inci- 
dentals. — The maximum monthly salaries of teachers paid by the state shall 
not exceed the sum specified below : Teachers holding first grade certificates, 
$77.00 per month : Provided, That in no school shall the average salary exceed 
$66.00 per month for teachers holding first grade certificates. Teachers hold- 
ing second grade certificates $49.50 per month : Provided, That in no school 
shall the average salary exceed $44.00 per month for teachers holding second 
grade certificates. Teachers holding third grade certificates $27.50 per month : 



243 Code of Laws of South Carolina § 5478 

Provided, That in no case shall the salary paid by the state exceed the salary 
paid by the county or local school district for the term herein provided. 

Each school is also allowed for supervision or incidentals seven per cent 
of the amount payable to it for salaries under the terms of this section : 
Provided, further, That in any school the board of trustees, or the county 
board of education in all counties which operate under the unit plan, in their 
discretion, may run the school for a period of time longer than provided for 
herein, employing additional teachers and pay salaries in excess of the amount 
fixed in the above schedule, but the money required to prolong the school 
session and/or to provide for excess salaries or other expenses shall be pro- 
vided either by the district or the county in which the same is situated, or 
by both. 

(4) Three Mill Levy — Apportionment — Disbursement. — The existing 
county board of commissioners of the several counties, or such officer or 
officers, as may hereafter be vested with the same or similar powers and 
duties, shall levy an annual tax of three mills on the dollar upon the taxable 
property in their respective counties, which tax shall be collected at the same 
time and by the same officers as the other taxes for the same year, and shall 
be held in the county treasuries of the respective counties ; and the said funds 
shall be apportioned annually among the school districts of the counties in 
proportion to the number of pupils enrolled in the public schools of the re- 
spective districts for the preceding school year; and the trustees, or county 
board of education, as the case may be, shall expend and disburse the same 
in the respective districts for educational purposes. For the purpose of this 
subsection an "enrolled pupil" shall be one who has attended a public school 
in this State for at least ten school days. 

(5) Additional Taxes — Special Levies. — Before any additional tax is 
levied in any school district or counties for school purposes, the question of 
levying such tax shall first be submitted to the qualified electors of such 
school district or county as now provided by law: Provided, however, That 
nothing herein contained shall be construed to prevent any county delegation 
to the General Assembly from providing special levies for school purposes 
by legislative enactment. 

All existing special tax levies in all counties and all school districts within 
the State, for the purpose of paying teachers' salaries and other expenses 
may be reduced as deemed advisable by local boards of trustees and the 
county boards of education and by the Senator and half of the members of 
the House of Representatives of the respective counties: Provided, That no 
tax levy for retiring any bonds or other indebtedness of such school district 
shall be affected hereby: Provided, That in the county of Charleston the fol- 
lowing levies shall be retained and levied annually for county and school 
district purposes, to wit : in the school district comprising the city of Charles- 
ton, known as school district No. 20, all present special and district school 
levies shall be retained, and in place of the four mill levy repealed there 
shall be annually levied hereafter four mills in said district for the school 
purposes of said district, and in all other school districts in the county of 
Charleston all present special and district school levies shall be retained, and 
in place of the four mill levy repealed there shall be annually levied here- 
after four mills in said district for the school purposes of the said district : 
And, Provided, further, That in the county of Dorchester any present special 
and district school levies shall be retained : Provided, That one mill school 



§ 5478 1934 Supplement 244 

levy in Chester County shall be levied annually and retained for county and 
school district purposes : Provided, That the provisions hereof shall in no way 
repeal, interfere with or affect the provisions of Act No. 890 of the Acts of 
the General Assembly of 1928 relating to Fairfield County : Provided, further, 
That in the counties of Bamberg, Berkeley, Calhoun, Chesterfield, Colleton, 
Darlington, Dillon, Edgefield, Laurens, Oconee, Marion, Pickens. Williams- 
burg and York the Senator and at least half of the members of the House 
shall have power to regulate special district levies, the method of handling 
school funds, and to provide a uniform millage for financing the school in 
said counties. Provided, further, That the provisions of this section shall not 
apply to Greenville County but special levies in school districts may be re- 
duced by the respective boards of trustees and the county board of education. 
Provided, further, That in Pelzer school district No. 22 and Williamston School 
district No. 20 in Anderson County, there is hereby levied on all taxable 
property in said districts a tax of four (4) mills and the tax derived from 
such levy shall be used for school purposes in the respective districts in 
which such tax is collected. Provided, further, That should in the judgment 
of the boards of school trustees of said school districts, the levy herein pro- 
vided for shall not be necessary to operate the schools in their respective 
districts for a period of nine (9) months, then such boards shall have the 
power, authority and right in its discretion to suspend, for such time as it 
sees fit, all or any portion of such levy. Should either board determine to 
exercise the power and authority herein conferred upon it, it shall do so 
only by resolution, duly adopted and copies of same filed with the county 
auditor and county superintendent of education of Anderson County, and 
from the date of such filing of such resolution its action shall be effective. 

The purpose hereof is to provide in the manner set out herein a levy of 
four (4) mills on the taxable property in each of said school districts in 
Anderson County, such levy to take the place of the four (4) mill levy dis- 
pensed with under the provision of the first part of section 7 of said Act No. 
406, 1933 acts. 

(6) Appropriations. — (a) Of the revenue to be raised under the provi- 
sions of sections 2437, 2441, 2449, 2452, 2453, 2453-1, 2459, eight hundred 
ninety-three thousand ($893,000.00) dollars shall be allocated annually to the 
support of said public schools. 

(b) Out of the revenue provided in section 1908-1 there is hereby appro- 
priated for school purposes the sum of twenty-four thousand ($24,000.00) 
dollars annually, which shall be credited by the state treasurer to the ac- 
count of state aid for public schools. 

(7) Disbursement to Counties. — The comptroller general shall issue his 
warrants monthly to the county treasurers of the respective counties for 
such amount of state school aid as may be on hand, available for, and appli- 
cable to, the payment for state school aid due the respective counties, under 
the provisions hereof, and said warrants shall be paid by the state treasurer 
upon presentation of same. In making the payments provided herein there 
shall be deducted from the amount accruing to the respective counties a sum 
of money equal to the amount to be raised in the county under the three mill 
constitutional school levy as provided in subsection 5 hereof. 

(8) County Superintendents Make Monthly Reports. — Each county 
superintendent of education shall, at the end of each school month, report 



245 Code op Laws of South Carolina § 5484 

to the state superintendent of education the enrollment and average atten- 
dance attained in each school of the respective counties for the month just 
preceding; and the state superintendent of education and comptroller gen- 
eral are hereby authorized and directed to withhold state aid funds from 
any school until such report has been received by the state superintendent of 
education. On or before May 1st of each year the state superintendent of 
education, from the monthly reports, shall determine the number of teachers 
for which state aid shall be supplied in the respective counties for the succeed- 
ing school year. 

(9) State Finance Committee Borrow in Anticipation of Revenue. — 
The state finance committee, composed of the Governor, comptroller general 
and the state treasurer are hereby authorized and empowered to borrow in 
each year in anticipation of the receipt of revenues provided herein for school 
aid, such sum or sums as may be necessary to pay any portion of the amounts 
appropriated herein and becoming due to the respective counties of the state 
prior to the collection thereof, said notes shall be issued in such form and 
manner as the state finance committee may elect, and, when issued, are hereby 
declared to be current obligations of the state of South Carolina: Provided, 
That in lieu of borrowing as provided herein, the comptroller general may 
issue his warrant against the general fund in the treasury when it appears 
that sufficient funds are available therein, and the state treasurer shall pay 
the same as provided in subsection 7. Said withdrawals from the general fund, 
if made, shall constitute a loan to the school aid fund from the general fund, 
the same to be repaid when revenues provided for school aid are collected. 
The proceeds of said loan or loans shall be paid to the respective counties for 
school aid to the respective counties as provided in subsection 7. 1933, XXXVI11, 
567 ; 1934, XXXVIII, 1562, 1651, 1442, 1221, 1340. 

Section 5478 , 1932 Code, repealed by teachers' salaries payable from state aid, 

1933/567. The present section 5478 comes that it was intention of Legislature that 

from the 1933 repealing act, and 1934/1562, state board of education should continue to 

1651 ; 1442, 1221, 1340. perform such duties and exercise such 

State board of education has not only powers. Vara v. Beattie, 171 S. C. 424; 172 

the power, but the duty, to direct the comp- S. E. 442. 

troller general as to the amounts to be paid Counties Cannot Divert Funds for 
under this section to the respective counties Teachers' Salaries. — Funds appropriated by 
of the state, so long as that board acted State to pay teachers' salaries cannot be 
within the provisions of the law. Vara v. diverted to pay other indebtedness by any 
Beattie, 171 S. C. 424 ; 172 S. E. 442. fiscal authority of the several counties. In- 
State Board Fix Salaries. — It must be as- man School District v. Law, 166 S. C, 304, 
snmed, since practice of state board of edu- 164 S. E., 839. 
cation was known to Legislature to fix 

§ 5479. Tax — Use of Constitutional Tax — Local Tax for Additional Month. 

Four mill levy provided in this section supplement, should be consulted in connec- 
repealed by 1933/571. Section 5478, this tion with this section. 

§ 5480. Salary Schedules in Accredited Schools. — Repealed by 1933 Acts, 
page 567. 

See notes to § 5478. 

§ 5481. Salary Schedules in Schools Not Accredited. — Repealed by 1933 
Acts, page 567. 

§ 5482. Excess Salaries. — Repealed by 1933 Acts, page 567. 

§ 5483. Requirements for Accredited High Schools. — Repealed by 1933 
Acts, page 567. 

§ 5484. Requirements for Other Schools. — Repealed by 1933 Acts, page 567. 



§ 5485 1934 Supplement 246 

§ 5485. Operation Period of Grammar Schools. 

Section 5478, this supplement, should he consulted in construing this section. 

§ 5486. Pupils from Other Districts. 

Section 5478, this supplement, should be consulted in construing this section. 

§ 5487. Forms and Blanks. 

Section 5478, this supplement, should he consulted in construing this section. 

§ 5488. Powers of State Board of Education. — * * * (2) Issue Only Uni- 
form Diplomas — Units. — Diplomas issued to graduates of accredited high 
schools within this State shall be uniform in every respect and particular as 
to color, size, lettering and marking, whether the said accredited high school 
operates for eight (8) months or nine (9) months during the scholastic ses- 
sion, if the high school operating for only eight (8) months runs nine hun- 
dred (900) school hours in not less than one hundred and sixty (160) school 
days and the pupils complete sixteen (16) units. The number of units re- 
quired by the state board of education for a state high school diploma shall 
not be increased. 1933, XXXVIII, 164. 

Subsection 2 added by 1933/164. The section otherwise remains unchanged. 

Section 5478, this supplement, should 1 e consulted in construing this section. 

§ 5489. Annual Appropriation — Disbursements — Reports — Local Levies. — 

Section 5478, this supplement, should be consulted in construing this section. 

§ 5490. Pupils from Other Districts— Payments for Extra Term. 

Section 5478, this supplement, should he consulted in construing this section. 

§ 5491. Local Bond Issues or Tax Levies Not Affected. 

Section 5478, this supplement, should he consulted in construing this section. 

§ 5491-1. High Schools Running 900 School Hours in Not Less Than 160 
School Days Entitled to Benefits of § 5478. — Any accredited high school and 
any non-accredited high school in this State otherwise complying Avith the 
requirements of section 5478, and acts amendatory thereto, and receiving 
benefits under the provisions of said sections, shall be entitled to continue to 
receive such benefits and the pupils of such schools entitled to all the privileges 
of the same, notwithstanding the length of term of any such school may not 
comply with the requirements as expressed in said sections in months; but 
shall continue to receive such benefits and the pupils thereof to enjoy all 
of the privileges of such schools when they shall run nine hundred (900) 
school hours during any one scholastic year and when the pupils of the 
accredited high schools shall complete sixteen (16) units and successfully 
pass examinations thereon for graduation: Provided, That any accredited 
high school and any non-accredited high school shall be permitted to ob- 
serve the legal holidays, not to exceed four days, and shall be entitled to 
receive credit for such holidays as if the said school was in session : Provided, 
further, That the nine hundred (900) school hours shall not be run in less 
than eight months, or 160 days. 1932, XXXVII, 1379. 

This section is new, 1932/1379. 

§ 5496. School Trustees in Abbeville County. 

The number of trustees for Donalds be a resident of the territory embraced in 
School District No. 39, Abbeville County. the former school district No. 41, 1932/1425. 
was fixed at 5 members, one of whom shall 

§ 5508-1. School Trustees, Allendale County. 

See 1933/265, which provides for noinina- of school trustees in Allendale County, 
tion, appointment, and filling of vacancies 



247 Code of Laws of South Carolina § 5552-1 

§ 5513-1. Trustees for New Forest School District, Barnwell County. 

See 1933/24, which provides for election District, Barnwell County, 
of school trustees for New Forest School 

§ 5517. School Trustees in School District No. 4, Calhoun County. 

This section amended by 1934/1290. For changes see said act. 

§ 5520. School Trustees in Cherokee County. 

§ 5520, 1932 Code, superseded by 1933/56 ; provisions for appointment or election of 
the said 1933 Act should be consulted for school trustees in Cherokee County. 

§ 5523.— School Trustees in Chesterfield County. 

§ 5523, 1932 Code, superseded by 1933/ vides for election of school trustees in 
239. See 1933/239. 1934/1430, which pro- Chesterfield County. 

§ 5524. Trustees in School District No. 20, of Clarendon County. 

Time to elect above trustees changed by 1934/1418. 

§ 5525. Trustees in Midway School District No. 14, Clarendon County. 

Time to elect above trustees changed by 1934/1418. 

§ 5527. Trustees in Gable School District, Clarendon County. 

Time to elect above trustees changed by 1934/1418. 

§ 5528. School Trustees for Certain School Districts in Colleton County. 

Trustees for Smoaks school district No. 5, 1934/155S. 

§ 5533. — School Trustees, Dorchester County. 

§ 5533, 1932 Code, superseded by 1933/ term, etc., of school trustees in Dorchester 
113. See the said 1933 act for appointment. County. 

§ 5537-1. Special School District No. 14, Fairfield County. 

The Acts 1932/1472, 1475, providing for The 1032 Acts at pages 1472 and 1475 
the trustees for the the above district are should be consulted. 
not set out herein for economical reasons. 

§ 5538. Consolidation of Mitford School District No. 20 and Buck Lick 
School District No. 5, Fairfield County — Appointment of Trustees. 

Insofar as Stover School District No. 26 1933/35. See 1933/35 which reestablishes 
is concerned, this section has been repealed. Stover School District No. 26. 

§ 5539. School Trustees in Florence County. 

School trustees Glendale School District No. 13, 1934/1468; Hannah School District 
No. 51, 1934/1421; Coward School Distrir-t No. 18, 1934/1298. 
No. 39, 1934/1423 ; Ebenezer School District 

§ 5542. Election of School Trustees in School District No. 12, Florence 
County. — Repealed by 1932 Acts, page 11+88. 

§ 5545. School Trustees in Georgetown County. 

See 1933/386, which provides for the ap- trustees in Georgetown County, 
pointment, number, and term of school 

§ 5546. School Trustees in Rosemary School District No. 8-A, Georgetown 
County. 

See 1933/386, which provides for the ap- said 1933 Act this section was amended by 
pointment, number, and term of school trus- 1932/1372. 
tees in Georgetown County. Prior to the 

§ 5547. Consolidated Parker School District No. 8-A, Greenville County. — 

Subsection 2 amended by 1934/1.~06 as to election of trustees. 

§ 5552-1. Trustees Cleland School District, Hampton County. 

See 1933/535 which provides for election Hampton County. 
of trustees for Cleland School District, 



§ 5557 1934 Supplement 248 

§ 5557. School Trustees in Horry County. 

This section amended by 1934/1387. For changes, see said act. 

§ 5567. School Trustees in Laurens County. 

1933/352, which provides for election of Hunter school district No. 5, Laurens 

school trustees in Laurens County, should County. See 1933/35, which provides for 

be consulted in connection with this section, five trustees for Waterloo special school dis- 

By a prior 1933 law (1933/42) provision trict No. 14, Laurens County, 
was made for the election of trustees for 

§ 5571. School Trustees in Lexington County. 

This section, 5571, as it appeared in the 45 and Fairview School District No. 27, 

1932 Code was superseded by 1932/1157, Lexington County, was also superseded by 

1933/226. The said 1932 Act was amended 1932/1157 ; 1933/226. See 1933/226 for ap- 

by 1933/161. The section number is re- pointment, term, powers, duties, etc., of 

tained for convenience. § 5572, providing school trustees in Lexington County, 
for trustees for Irmo School District No. 

§ 5572. School Trustees, Lexington County. 

This section as it appeared in 1932 Code 161. See 1933/226 for appointment, term, 

was superseded by 1932/1157, 1933/226. The powers, etc., of school trustees in Lexing- 

section number is retained for convenience. ton County. See also 1933/132 which 

The said 1932 Act was amended by 1933/ amended this section. 

§ 5573. School District No. 45, Lexington County. — 

See § 5571, this supplement. 

§ 5575. School Trustees, Marion County. 

The following proviso was added to this the qualified electors residing in said school 

section, by 1933/46 -."Provided, further, that district, at which such trustees shall be 

upon a petition signed by at least one-third elected in such manner as a majority of 

(1/3) of the qualified electors residing in those present at the meeting shall decide, 

any school district in Marion County, re- and upon the election of said trustees, the 

questing the trustees of said district to be county board of education shall commission 

elected instead of appointed, the county them as trustees of such school district 

board of education of said county shall give whose term shall remain as now provided 

at least 10 days' notice in a newspaper by law." 
published in the county of a meeting of 

§ 5575-A. Marlboro Graded School District, Marlboro County. 

The Act, 1932/1366, which supersedes § economical reasons. The 1932 Acts at page 
5575-A, 1932 Code, is not set out herein for 1366 should be consulted. 

§ 5576. School Trustees, Newberry County. 

Provision was made by 1933/197 for the School trustees for St. Phillip's Consoli- 

election of school trustees in Newberry dated school district No. 22, 1934/1478. 
County. 

§ 5577. School Trustees in Oconee County. 

This section was superseded by 1933/32. County. Round Mountain high school dis- 
203. See said 1933 Acts for provisions pro- trict, Oconee County, was created by 1933/ 
viding for appointment, term, etc., of school 204. The said Act provides for its opera- 
trustees in Oconee County. See 1933/97 tion and trustees. Toxaway school district 
for election, term, etc.. of trustees for No. 15 transferred to Cleveland high school 
Seneca school district No. 63 in Oconee district No. 12, 1933/1030. 

§ 5579. School Trustees in Orangeburg County. 

Subsection 2 amended by 1933/426 to re- to have an election of trustees from 80% 
duce the number of petitioners necessary of the patrons residing in such school dis- 
in a school district in Orangeburg County trict to 65%. 

§ 5581. Claims against School Districts of Orangeburg County. 
This section was repealed by 1932/1436. provisions relating to claims against school 
See the said repealing Act, 1932/1436. for districts of Orangeburg County. 

§ 5582. School Trustees in Pickens County. 

By 1933/83 the term of school trustees in nated, and the time for election of new 
Pickens County was fixed for 2 years. trustees fixed. 
Terms of trustees then in office were termi- 



249 Code op Laws of South Carolina § 5636 

§ 5587. School Trustees in Spartanburg County. 

See 1934/1338, which amends this section tees for Spartanburg County, 
and provides for the election of school trus- 

§ 5587-1. School District of the City of Sumter, Sumter County. 

The Act creating the above school dis- economical reasons. The 1932 Acts at page 
trict. 1932/1415, is not set out herein for 1415 should be consulted. 

§ 5588. Election of School Trustees in Jonesville School District of Union 
County. 

Section 5588, 1932 Code, repealed by 1932/ See 1932/1216 for trustees for Jonesville 

1216. special school district, Union County. 

§ 5589-1. School Trustees in Williamsburg County. 

Election of school trustees for Lenuds school district No. 32, see 1933/18 ; Heming- 
school district No. 4, see 1933/251 ; Salters way school district No. 12, see 1933/391. 

§ 5593. School Trustees in York County. 

§ 5993, 1933 Code, superseded by 1932/ consulted in connection with the said 1932 

133S, which provides for Clover school dis- Act. By 1933/433 the number of trustees 

trict No. 37, York County. The section for Bethel school district No. 3 was in- 

number is retained for convenience. See creased to five. The 1932 Act (1932/1157) 

1932/1157 for election of school trustees in was amended by 1933/161 ; however it did 

York County. § 5594 and § 5595 should be not affect the trustees in York County. 

§ 5594. Trustees in School District No. 21, York County. 

See 1932/1294 which provides for filling vacancies. 

§ 5598. Establishment. 

Creation of High School District. — The state board of education nor the county 

state board of education nor the county board of education has authority under this 

board of education has authority hereunder section to establish a high school for two 

without consent of the trustees of the sev- districts without the consent of the board of 

eral districts to establish a high school dis- trustees of the two districts. Mills v. State 

trict. Mills et al. v. Board of Education et Board of Education. 167 S. C. 429 ; 166 S. E. 

al. (S. C, 1932). 500. 

Creation of High School. — Neither the 

§ 5624. Capita Charge and Regulation of the Attendance of Non-Resident 
High School Pupils Attending the Accredited High Schools of Colleton County. 

— Repealed by 1932 Acts, page 1J{91. 

§ 5628. Cross Hill High School District Berkeley County.— (3) Trustees. 

See § 5412-1 (3-5) which provides the tees in Berkeley County, 
number and manner of electing school trus- 

§ 5629. Bonneau High School District, Berkeley County. — (2) Trustees. 

See § 5412-1 (3-5) which gives the num- trustees in Berkeley County, 
ber and provides for the election of school 

§ 5630. Macedonia High School District, Berkeley County. — (2) Trustees. 

See § 5412-1 (3-5) which provides the tees in Berkeley County, 
number and manner of electing school trus- 

§ 5632. St. Shephens High School District, Berkeley County.— (2) Trustees. 

See § 5412-1 (3-5) which gives the num- trustees in Berkeley County, 
ber and provides for the election of school 

§ 5635. Pageland Centralized High School District, Chesterfield County. 

See 1933/239, 1934/1430, which provides field County, 
for election of school trustees in Chester- 

§ 5636. Area of Jefferson Centralized High School District, Chesterfield 
County, Extended. 

See 1933/239, 1934/1430, which provides field County, 
for election of school trustees in Chester- 



§ 5638 1934 Supplement 250 

§ 5638. Lower Colleton High School District, Colleton County. — Repealed 
by 1932 Acts, page 1491. 

§ 5643. High School Districts of Horry County. 

Taxes for needy schools, see 1934/1420. 

§ 5651. Centralized High School District at Swansea, Lexington County. 

— This section was superseded by 1932 Acts, p. 1157. See § 5595 1 for law ap- 
plicable to this district. 

See § 5571, which provides for election of trustees. 

§ 5661. Trustees for Bethany High School District No. 2, York County.— 

Superseded by 1932 Acts, page 1157. 
See § 5593 for election of trustees. 

§ 5710. Tuition Fees — Scholarships — Student Activities Fees. — Tuition for 

the scholastic year shall be sixty ($60.00) dollars each for residents of the 
state of South Carolina, and one hundred fifty ($150.00) dollars each for 
non-residents of the state of South Carolina: Provided, That no student shall 
be granted free tuition at any of the various institutions of higher learning : 
Provided, further, That no fee for student activities in excess of fifteen 
($15.00) dollars shall be compulsory: Provided, further, that fees at the Medi- 
cal College, The State Colored College, and law school of the University shall 
be fixed by the respective boards of trustees. 

The various institutions of higher learning are authorized to use tuition 
and other fees for the maintenance and operation of the several institutions, 
but no part of such fees shall be used for the construction of new buildings, 
nor shall such fees be pledged in advance to secure loans for the erection of 
new buildings. Provided, further, That no new State scholarships shall be 
granted at State institutions of higher learning, viz : University of South 
Carolina, The Citadel, Clemson College, "Winthrop College and the State 
Medical College. 1933, XXXVIII, 650; 1934, XXXVIII, 1686. 

§ 5710 superseded by 1933/650 except 3rd and limited activities fees. Last paragraph 
proviso of present section. The said act in- to present section conies from 1934/1686. 
creased tuition fees, abolished free tuition, 

§ 5711. Orphan Children Whose Fathers Were Soldiers and Died in the 
World War Exempted from Payment of Tuition in State Supported Schools — 
Appropriation. 

The following sentence was superseded by shall be admitted to any state supported 
1933/650: "Said children, upon recom- college or university free of tuition." 
mendation of the state board of education. 

§ 5712. Tax Commission to Examine Financial Condition of Persons Liable 
for Support of Applicants for Free Tuition. — Repealed by 1933 Acts, page 650. 

§ 5712-1. Broadcast by Radio Athletic Events Participated in by State In- 
stitutions of Higher Learning. — The heads, or governing boards, of state in- 
stitutions of higher learning are hereby authorized and directed to permit a 
full play by play account concurrent with the play, under reasonable regula- 
tions to be prescribed by them, the broadcasting by radio of athletic contests 
wholly between such South Carolina institutions or any other institutions : 
Provided, That no charge shall be made for the privilege of broadcasting said 
games and that at least three broadcasting companies shall be extended said 
privilege of broadcasting if desired. 1933, XXXVIII, 135. 

This section added by 1933/135. 

§ 5712-2. Charge for Diplomas. — At no state institution of higher learn- 
ing shall any graduate be charged more than $1.00' for his or her diploma: 



251 Code of Laws of South Carolina § 5776 

Provided, That a graduate from such institution of higher learning may 
pay a greater price for his or her diploma if such graduate should elect to 
do so. 1933, XXXVIII, 273 ; 1934, XXXVIII, 1291. 
This section added by 1933/273 ; 1934/1291. 

§ 5724. Room Rent — Use of Library — Property Damage. — Compensation 

for room rent, use of library, and damage to property, shall be regulated by 

the board. 1933, XXXVIII, 650; 1934, XXXVIII, 1686. 

See (§ 5710), which provides for tuition ships. 
fees, and abolishes free tuition and scholar- 

§ 5725. Courses. — Suitable courses of study shall be provided in the said 

institution for the deserving of both sexes. 1933, XXXVIII, 650; 1934, 

XXXVIII, 1686. 

See (§ 5710), which provides for tuition ships, 
fees, and abolishes free tuition and scholar- 

§ 5728. Women Students. — The board of trustees shall provide for ad- 
mitting young women to enter the University not below the junior class. 
Provided, further, That the board of trustees is authorized to admit young 
women day students below the junior class and to charge such day students 
such additional fees as may be necessary to prevent any additional expense 
to the State. 1933, XXXVIII, 650, 612 ; 1934, XXXVIII, 1686. 

Scholarships and free tuitions abolished by 1933/612. 
by 1933/600, 1934/1686. The proviso added 

§ 5732. Board of Trustees — Election — Term — Compensation — Powers and 
Duties — Tuition. — * * *. — Provided, That no female students shall be ad- 
mitted to Clemson College. 1933, XXXVIII, 612, 650. 

The last sentence and provisos therein of this section by 1933/612. Except as herein- 
this section in the 1932 Code were repealed above stated this section remains un- 
ity 1933/650. The above proviso added to changed. 

§ 5765. One Hundred and Sixty-Seven Scholarships Created in Clemson 
College. — Repealed by 1934 Acts, page 1686. 

§ 5766. How Scholarships Awarded. — Repealed by 1934- Acts, page 1686. 

§ 5767. Manner of Conducting Examinations. — Repealed by 1934 Acts, 
page 1686. 

§ 5768. How Scholarships Paid. — Repealed by 1934 Acts, page 1686. 

§ 5769. — One Year Beneficiary Scholarships for Clemson College. — Repealed 
by 1934 Acts, page 1686. 

§ 5770. Who Eligible.— Repealed by 1934 Acts, page 1686. 

§ 5771. Board of Education to Appoint. — Repealed by 1934 Acts, page 1686. 

§ 5772. How Scholarships to be Paid — Term of Scholarship. — Repealed by 
1934 Acts, page 1686. 

§ 5776. Powers of Board of Visitors. — Said board shall have the power to 
establish such regulations as they may deem necessary for the organization 
and good government of said college, and to establish such by-laws for the 
management thereof as shall not be inconsistent with the laws of this State, 
or of the United States, to appoint professors qualified to give instruction in 
military science, and of other branches of knowledge which they may deem 
essential, to fix their salaries and the period for which said professors shall 
serve, and the said board shall have full power to confer degrees on graduates 



§ 5777 1934 Supplement 252 

of the said college and to confer honorary degrees on such persons of dis- 
tinction as said board shall deem proper. 1932, XXXVII, 1364. 

The power to confer honorary degrees was extended to board of visitors by 1932/ 13G4. 

§ 5777. Beneficiary Cadets. — Repealed by 1934 Acts, page 1686. 

§ 5778. Proof of Financial Standing. — Repealed by 1934- Acts, page 1686. 

§ 5779. Beneficiary Cadets. — Repealed by 1934 Acts, page 1686. 

§ 5780. Copy of Matriculation Obligation to Be Filed. — Repealed by 1934 
Acts, page 1686. 

§ 5781. Cadets to File Bond.— Repealed by 1934 Acts, page 1686. 

§ 5782. Duty of Board of Visitors to Report Graduations. — Repealed by 
1934 Acts, page 1686. 

§ 5783. Certificate of Release. — Repealed by 1934 Acts, page 1686. 

§ 5789. Incorporation — Name — Corporate Powers — Property Rights — No 
Male Students. — * * *. — Provided, That no male students shall be admitted 
to Winthrop College. 1933, XXXVIII, 612. 

The above proviso added by 1933/612. 

§ 5791. Tuition Fees. — Repealed by 1933 Acts, page 650. 

§ 5793. Scholarships in Winthrop College. — Repealed by 1934 Acts, page 
1686. 

§ 5796. Board of Trustees. 

See section 5710, this supplement, for tui- ties fees. 
Won fees, scholarships, and student activi- 

§ 5797. Scholarships.— Repealed by 1934 Acts, page 1686. 

§ 5813. Opening New Roads or Change of Locations — Proceedings. 

Acceptance of Award Under Misappre- under a misapprehension of its terms and 

hension. — Provision that if one accepts the an honest effort has been made to refund 

award he abandons his appeal, is not man- it. Cook v. State Highway Department, 162 

datory, if the award has been accepted S. C, 245, 160 S. E., 591. 

§ 5829. Obstruction of Roads — Penalty. 

Railroad Company May Be Liable for v. Atlantic Coast Line Ry. Co., 172 S. C. 
Negligence under Common Law. — Myers 2."!<>: 173 S. E. 812. 

§ 5832. Railroad Crossings over Public Roads. 

See note to § 8378. 

§ 5856. Damages from Defective Highways — Action against County. 

See notes under § 5887. when the bridge collapsed. Chewning v. 

Jury Question When Bridge Collapsed Clarendon County, 163 S. C, 506, 161 S. E., 

With Tractor of Ordinary Weight. — It is 777. 

a jury question where witnesses testified See § 5887 for provision of law to recover 

that decedent, who was employed by the for damages from defective State highways, 

county, was driving tractor owned by the The following historical references should 

county, which did not exceed "ordinary" be added to this section 1925 (XXXIV) 287, 

weight, over bridge maintained by county 1927 (XXXV) 378. 

§ 5858. Death Caused by Defective Highway, Etc. — Cause of Action to 
Survive. 

Only one Action Against County for § 5859. 
Death Caused by Defective Highway. — 

§ 5864- A. Age Limits for Road Duty in Counties Containing Cities of 
50,000 Inhabitants. — Repealed by 1933 Acts, page 86. 



253 Code of Laws of South Carolina § 5891 

§ 5872. Purpose, Powers and Duties of State Highway Commission — Sys- 
tem of Highways — Construction — Reports. — * * *. — (2) Letting of State 
Highway Contracts Restricted. — The state highway department is hereby 
prohibited from awarding or letting any additional contracts, except federal 
aid contracts, for the construction of highways until after each and every 
written evidence of obligation issued pursuant to Act 601 of 1932 has been 
retired : Provided, The state highway department and/or the state highway 
commission are hereby prohibited from awarding or letting construction con- 
tracts of any nature or entering into construction, obligations of any sort 
unless sufficient funds are at the time in the State Treasury to meet in full 
the contracts or obligations. 1932, XXXVII, 1124. 

Subsection (2) is new, 1932/1124. 

§ 5882. State Highway Construction Contracts — Employment of Laborers. 

— The highway department and highway commission are directed to 

require that all construction contracts shall contain a clause requiring 

that not less than ninety (90%) per cent, of the laborers employed 

shall be bona fide residents of South Carolina. Provided, This section shall 

not in any way affect the rules and law governing federal aid. 1933, XXXVIII, 

199. 

Prior to 1933 this section applied only to the majority to be residents. The proviso 
paving contract, and required only 85% of added by the said 1933 act. 

§ 5887. State Highway Department May Be Sued. 

Cross Reference. — The practitioner is re- partment. 161 S. C, 21, 159 S. E., 457. 
ferred to notes under § 5856, 1932 Code, Evidence. — Proof of filing of claim is a 

for further cases. material matter and proof of its contents 

Costs. — In action against State Highway is subject to best evidence rule. Ancrum v. 

Department under this section on which State Highway Department, 162 S. C, 159, 

judgment was recovered it is liable for the 161 S. E., 98. 

cost. Sawyer v. State Highway Depart- Verdict. — A claimant in a suit hereunder 
ment, 164 S. C, 53, 161 S. E., 883. is limited in his recovery to the amount of 
Presentation of Claim. — See this catch- his filed verified claim : which may be re- 
liiie in 1932 Code which is approved in vised within the 90 days allowed. Ibid. 
Ouzts v. State Highwav Department. 161 (Note: The time limit was increased from 
S. C, 21, 159 S. E., 457; Owens v. State 90 days to 180 days by 1931/338.) 
Highway Department, 165 S. C, 181, 163 Venue. — Actions under this section may 
S. E., 473. be brought in county in which plaintiff re- 
Constitutionality. — This section held con- sides. Landrum v. State Highway Dept., 
stitutional. Ouzts v. State Highway De- 168 S. C. 139 ; 167 S. E. 164. 

§ 5891. Construction and Maintenance of Highways in Municipalities. — 

(1) Towns of Less than 2,500 Inhabitants. — The state highways designated 
by law for construction and maintenance by the state highway department 
shall include the sections of such highways lying within the limits of incor- 
porated towns of less than twenty-five hundred (2500) population and that 
the said sections shall be equally as eligible in all respects to receive the at- 
tention of the state highway department as are the sections of the same high- 
ways lying wholly without incorporated towns. 

(2) Towns over 2,500 Inhabitants. — The state highway department is 
hereby authorized to construct and maintain legally designated state high- 
ways within the limits of towns having more than twenty -five hundred (2500) 
population, provided that in the case of any such construction or maintenance 
the buildings on either side of the road shall average more than two hundred 
(200) feet apart, measured center to center: Provided, further, That the build- 
ings to be considered in determining such average distance shall include only 

17— s. c. c. 



§ 5894 1934 Supplement 254 

places of residence or business and not accessory structures. 1932, XXXVII, 

1134. 

Prior to the 1932 amendment the State to work state highways in towns of less 
Highway Department had authority only than 2,500. 

§ 5894. Annual License Fees on Motor Vehicles. — On and after January 
1, 1926, every resident owner of a motor vehicle in the state of South Caro- 
lina shall pay to the state highway commission in lieu of all other state, 
municipal or county licenses, an annual license as follows: For each auto- 
mobile weighing not over 2,000 pounds, the sum of four ($4.50) dollars and 
fifty cents ; for each additional 500 pounds of weight, or fraction thereof, the 
additional sum of one ($1.50) dollar and fifty cents. The manufacturer's 
weight of automobiles shall be accepted as the weight for the purpose of 
registration hereunder. And for trucks the licenses fee shall be as follows : 
Trucks of a capacity of not exceeding one ton, fifteen ($15.00) dollars; trucks 
exceeding one ton and up to and including two tons, thirty ($30.00) dollars. 
Trucks exceeding two tons and up to and including three tons, one hundred 
and twenty ($120.00) dollars. Trucks exceeding three tons and up to and 
including four tons, two hundred ($200.00) dollars. Trucks exceeding four 
tons and up to and including five tons, four hundred ($400.00) dollars. Trucks 
exceeding five tons and up to and including six tons, six hundred ($600.00) 
dollars. Trucks exceeding six tons and up to and including seven and over, 
eight hundred ($800.00) dollars: Provided, That a reduction of fifty (50%) 
per cent, on the license be allowed on all trucks using pneumatic tires on all 
the wheels. Lumber trucks and other trucks with trailer attached shall pay 
an annual license of twenty ($20.00) dollars for each trailer so operated and 
an additional sum of eight ($8.00) dollars for every 1,000 pounds or part 
thereof of ordinary loading capacity of such trailer : Provided, That where 
pneumatic tires are used on trailers a reduction of fifty per cent, shall be 
allowed. For every motorcycle, two ($2.50) dollars and fifty cents per 
annum. 

State highway commissioner shall furnish the clerk of court of each county 
with a sufficient supply of application blanks for licenses for use of the 
people of the county. 

The term "motor vehicle," as used in this section, shall be construed to 
mean and include all automobiles and vehicles, whether propelled by steam, 
gasoline, electricity or other such sources of energy other than muscular 
power, except farming implements, or so operated only upon rail or tracks 
therefor. 1933, XXXVIII, 341, 541 ; 1934, XXXVIII, 1348. 

The first three sentences of paragraph owner of car or truck for doing business 
four of this section as they appeared in the even though car or truck is used in conduct 
1932 Code were superseded by 1933/541 of business. Crosswell & Co. v. Town of 
(section 5903 (3)). See section 5903, this Bishopville, 172 S. C, 26; 172 S. E. 699. 
supplement for license year, expiration of 

licenses, and also for six months' licenses. Licenses Payable in Money. — The State 

Last proviso to paragraph 3 superseded by Highway Commission has no authority to 
present § 1617 this supplement. License receive anything but money in payment of 
fees on all motor vehicles not used as com- the annual license fees ; therefore agree- 
mon carriers and trucks having a capacity ment by the highway department to accept 
not in excess of two tons reduced one-half, cashier's checks and personal certified 
1934/1348. checks could not bind the State. Baker v. 

This section cannot, nor does it attempt State Highway Department, 166 S. C, 481, 
to, deprive municipalities of their constitu- 165 S. E., 197. 
tional right to impose a license tax on 

§ 5896. Non-residents Required to Pay License Fees on Motor Vehicles 
Operated in This State — Schedule. — Before operating upon public highways of 



255 Code op Laws of South Carolina § 5903 

this State every non-resident person, firm or corporation operating a motor 
vehicle or motor vehicles on the highways of this State shall pay to the state 
highway department an annual license, as follows : For each automobile 
weighing not over 2,000 pounds, the sum of four ($4.50) dollars and fifty 
cents; for each additional 500 pounds of weight, or fraction thereof, the 
additional sum of one ($1.50) dollar and fifty cents. The manufacturer's 
weight of an automobile shall be accepted as the weight for the purpose of 
registration hereunder. And for trucks the license fees shall be as follows: 
Trucks of a capacity of not exceeding one ton, fifteen ($15.00) dollars; trucks 
exceeding one ton and up to and including two tons, thirty ($30.00) dollars. 
Trucks exceeding two tons and up to and including three tons, one hundred 
and twenty ($120.00) dollars. Trucks exceeding three tons and up to and 
including four tons, two hundred ($200.00) dollars. Trucks exceeding four 
tons and up to and including five tons, four hundred ($400.00) dollars. Trucks 
exceeding five tons and up to and including six tons, six hundred ($600.00) 
dollars. Trucks exceeding six tons and up to and including seven tons and 
over, eight hundred ($800.00) dollars: Provided, That a reduction of fiftj^ 
(50%) per cent, on the license be allowed on all trucks using pneumatic tires 
on all the wheels. Lumber trucks and other trucks with trailer attached shall 
pay an annual license of twenty ($20.00) dollars for each trailer so operated, 
and an additional sum of eight ($8.00) dollars for every 1,000 pounds or 
part thereof of ordinary loading capacity of such trailer : Provided, That 
where pneumatic tires are used on trailers a reduction of fifty (50%) per 
cent, shall be allowed. For every motorcycle, two ($2.50) dollars and fifty 
cents per annum. 1933, XXXVIII, 341 ; 1934, XXXVIII, 1348. 

Last proviso to former section 5896 carriers and trucks having a capacity not 
omitted by § 1617 this supplement. License in excess of two tons reduced one-half, 
fees on motor vehicles not used as common 1934/1348. 

§ 5901. Annual License Fees by Dealers in Motor Vehicles, and Use of 
Motor Vehicles Owned by Dealers. — Every dealer in motor vehicles in this 
state shall pay to the state highway department in lieu of all other fees, 
municipal and county licenses, an annual license fee of twelve and 50/100 
($12.50) dollars, except motorcycle dealers, who shall pay an annual license 
of seven and 50/100 ($7.50) dollars, for the first make of vehicle, and an ad- 
ditional license of ten ($10.00) dollars for each other make of motor vehicle 
sold by such dealer. The state highway department shall furnish license plates 
for each make of car sold by said dealer. Extra dealer plates shall be is- 
sued to licensed dealers upon application of said dealer for an annual license 
fee of six ($6.00) dollars each. License plates issued to a dealer shall be used 
exclusively upon cars belonging to the licensed dealer and in usual course 
of said business. Where a dealer plate is found being used on individually 
owned motor vehicles the registration of such plate shall be revoked and the 
plate returned to the highway department. Any employee of the highway 
department shall have the right to take up, recover or repossess such revoked 
license plates. 

Annual dealers' license fees reduced one- this section in 1932 Code were not affected, 
half, 1935/ — . Paragraphs 2, 3 and 4 of and are still in effect. 

§ 5903. Motor Vehicle Licenses. — (1) Procure Annually — Display — Li- 
cense Year — Refunds. — Annually on or before the thirty-first day of October 
every owner of a motor vehicle, trailer, or semi-trailer shall procure from 
the state highway department motor vehicle licenses for the next succeeding 



§ 5903 1934 Supplement 256 

license year beginning on the first day of November. The highway depart- 
ment is hereby authorized and directed to issue licenses during the months 
of September and October for the next succeeding license year. License 
plates for the ensuing license year beginning the first day of November may 
be displayed on a motor vehicle during the months of September and October 
preceding, provided that all license fees due have been paid to the highway 
department. Any person who shall operate any motor vehicle on or after 
the first day of November of each and every license year without current 
license shall be subject to the penalties now provided by law. After a license 
plate has been issued for a particular motor vehicle no refund of license fees 
shall be made, nor shall any license plate be transferred to any other motor 
vehicle : Provided, That the highway department is hereby authorized to pro- 
mulgate regulations providing for the refund of any overpayment made in 
the purchase price of any license and to refund the purchase price of any 
license which has not been used and to make license refund for a motor 
vehicle which may have been destroyed before any substantial use of the 
license was had. 

(2) Time to Make Application. — Applications for licenses shall be filed 
with the state highway department on or before the thirty-first day of October 
of each license year and any person, firm or corporation who shall fail to 
file such applications before such date, except for a car which had been in 
his, her or its possession less than ten days shall pay an additional fee of 
fifty (50c) cents, and all funds arising from such additional fees shall go 
to the law enforcement funds of the highway department. 

(3) Expiration — Rates — Semi-Annual Licenses. — All licenses shall expire 
on the thirty-first day of October of the license year for which such licenses 
were issued. In the case of motor vehicles registered for the first time during 
any license year the full annual license fee shall be paid for licenses issued 
prior to February first ; three-fourths of the annual license fee shall be paid 
for licenses issued between February first and May first; one-half of the 
annual license fee shall be paid for licenses issued between May first and 
August first; and one-fourth of the annual license fee shall be paid for licenses 
issued for the last quarter of the license year ending on the thirty-first day 
of October. Prior to the first day of February of each license year the high- 
way department is hereby authorized and empowered to sell semi-annual or 
six months' licenses for motor vehicles and all such semi-annual or six months' 
licenses may be renewed for the last half of the license year ending on the 
thirty-first day of October. All semi-annual or six months' licenses shall ex- 
pire on the thirtieth day of April and all renewal six months' licenses shall 
expire on the thirty-first day of October. All annual licenses shall expire on 
the thirty -first day of October. For each renewal six months' license issued 
there shall be charged and collected an additional fee of twenty -five (25c) 
cents. 

(4) Pay Highway Safety Fund Fee One Time Per Year on Each Motor 
Vehicle.— The additional license fee of fifty (50c) cents imposed annually upon 
each motor vehicle under the provisions of section 5984 shall not be imposed 
upon and collected for the same motor vehicle but one time for each license 
year or part thereof. 

(5) Owners Pay Motor Vehicle and Driver's Licences. — All motor 
vehicle owners shall pay to the state highway department all licenses and 
fees required by chapters 125 and 128, volume III, Code ^ f Tiaws of 1932. 






257 Code of Laws of South Carolina § 5923 

(6) Rules and Regulations. — The state highway department is hereby 
authorized to promulgate rules and regulations for the enforcement and ad- 
ministration of preceding subsection and all such rules and regulations not in- 
consistent with the provisions hereof shall have the full force and effect of law. 

(7) Penalty. — Any person violating any provisions of preceding subsections 
shall be deemed guilty of a misdemeanor and upon conviction shall be fined 
not less than ten ($10.00) dollars, nor more than one hundred ($100.00) dol- 
lars, or imprisonment for not more than thirty (30) days. 

(8) Furnish Motor Vehicle Licensees Traffic Laws. — It is made the 
duty of the state highway department, wherever any motor vehicle is licensed 
for the first time, to furnish the licensee with a printed copy of the traffic 
laws of the State and all such additional instructions as, in the judgment of 
the department, would be of helpful use to the operators of motor vehicles; 
and likewise to furnish licensees of motor vehicles which have been hereto- 
fore registered with a like copy of such instructions but whenever any motor 
vehicle has been once registered and licensed and the owner thereof fur- 
nished a copy of such laws and regulations, it is not required to furnish the 
owner of such motor vehicle a copy of such regulations each and every year 
but it is sufficient that such owner be furnished a copy at least once in 
every five years. 

(9) Misrepresenting Fact in Applying for Motor Vehicle Licence — 

Operation of Motor Vehicle With Licenses Obtained by Misrepresenting 

Fact. — It is declared to be unlawful for a person, acting for himself or as an 

agent for another, to make any wilful misrepresentation of facts to the state 

highway department in the application for registration of a motor vehicle, 

under the laws of this state. It is also unlawful for any person to operate 

a motor vehicle registered under a wilful misrepresentation of any fact in 

connection therewith, during any portion of the period of time covered by 

such registration, provided such person has knowledge the registration was 

obtained through a wilful misrepresentation of facts, or reasonable cause to 

believe the registration was obtained in such manner. Any violation of the 

provisions of this subsection is declared to be a misdemeanor and punishable 

by a fine of not less than ten ($10.00) dollars nor more than one hundred 

($100.00) dollars or imprisonment for not less than ten (10) days nor more 

than thirty (30) days. 1933, XXXVIII, 541 ; 1934, XXXVIII, 1309, 1363, 1282. 

The beginning of license year changed by 1933/541 and 1934/1309. Subsection 8 
from January 1st to November 1st, 1933/ added by 1934/1363. Subsection 9 added 
541. Subsections 2, 3, 4, 5, 6. and 7 added by 1934/12S2. 

§ 5909. Operation of Motor Vehicle Without License Plates a Misdemeanor. 

Enforcement. — The court has no power license plates, such operating being a crim 

to restrain the State Highway Department inal offense under this section. Baker v. 

from proceeding against one criminally for State Highway Department, 166 S. C, 481, 

operating his automobile without proper 165 S. E., 197. 

§ 5923. Condemnation Procedure by the State Highway Department. 

Acceptance of Award Under Misappre- fair market in normal times. Howell v. 

hension. — Provision that if one accepts the State Highway Dept., 167 S. C. 217 166 S. E. 

award he abandons his appeal, is not man- 128. 

datory, if the award has been accepted change in the Road.— Testimony may be 

under a misapprehension of its terms and Qffered tQ ghow ch in road not neceg . 
an honest effort has been made to refund 



sary, and that the change injured plaintiff. 
Id. 



it. Cook v. State Highway Department, 162 
S. 0., 245, 160 S. E., 591. 

Actual Value of Land.— The actual value Owner's Estimate of Damage.— Owner 

of the land means a fair market value, a may estimate total amount of damage, bas- 






§ 5924 1934 Supplement 258 

ing such estimate on stated elements of Howell v. State Highway Dept., 167 S. C. 
damage. Id. 217; 166 S. E. 129. 

Evidence as to Damages. — See generally 

§ 5924. Condemnation by State Highway Commission. 

Acceptance of Award Under Misapprehension. — See this catchline under § 5923. 

§ 5925-1. State Highway Department License Trackless Trolley Cars in 
and about City of Greenville. — (1) Operation — License. — The state highway 
department is hereby authorized to license the operation of trackless trolley 
cars over the streets of the city of Greenville and public roads of the State 
connected therewith, lying wholly within the Greenville city school district 
and the Parker school district of Greenville County, provided that any track- 
less trolley car so licensed shall be operated only as a part of the general 
street railway transportation system of the city of Greenville and the said 
school districts. Provided, further, That the licensing procedure already es- 
tablished by law as applying to vehicles operated on the public roads of this 
State shall also apply to licenses issued for the operation of trackless trolley 
cars, except as to limiting weights and dimensions and except as to the sched- 
ule of license fees. 

(2) Width — Length — Weight — Height. — No trackless trolley car that may 
be licensed and operated pursuant to the provisions hereof shall exceed 96 
inches in width, 35 feet in length, or 17,500 pounds in weight, and no such 
car shall exceed 12 feet, 6 inches in height, Provided, That this limitation 
shall not serve to prevent the use of necessary trolley poles for making elec- 
trical contact ; otherwise all such trackless trolley cars shall conform with 
the limitations already established by law governing the dimensions and 
weights of vehicles that may be operated on the public roads of this State. 

(3) Operation Limited to Certain Streets and Highways. — The operation 
of trackless trolley cars that may be licensed by the state highway depart- 
ment pursuant to the provisions hereof is hereby limited to such streets and 
public highways as may be determined by the several public authorities hav- 
ing jurisdiction over the said streets and highways, each within limits of its 
respective jurisdiction, the streets and roads over which the said trackless 
trolley cars may be operated, and each shall severally have power to au- 
thorize, subject to the rights of abutting property owners, the construction 
within street and highway limits of the necessary poles, wires and appurte- 
nances to facilitate the operation of the said trackless trolley cars, Provided, 
That the jurisdiction of the railroad commission shall not be affected by any- 
thing contained herein. 

(4) Annual License Fees. — The annual license fee to be collected by the 
state highway department before licensing the operation of any trackless 
trolley car, as provided herein, shall be two hundred ($200.00) dollars for 
any vehicle, exclusive of passengers, having a gross weight of not more than 
15,000 pounds. In the case of any trackless trolley car having a gross weight 
in excess of 15,000 pounds, the annual license fee shall be two hundred 
($200.00) dollars plus twenty ($20.00) dollars for each additional 1,000 pounds 
or fraction thereof. The schedule of license fees thus establish together with 
hydro-electric tax and special city license is intended to approximate an an- 
nual charge against trackless trolley cars equivalent to the charge made up 
of license fees and gasoline taxes now applying against other classes of motor 
propelled vehicles ; Provided, That in approximating the gasoline tax only 
so much of the mileage over which said trackless trolley cars are operated 



259 Code of Laws of South Carolina § 5926 

as is outside of and beyond the municipal incorporated limits shall be taken 
into consideration. 1934 XXXVIII, 1546. 
This section added by 1934/1546. 

§ 5926. State Highway System.— (5) Anderson County—* * * The lo- 
cation of state highway 151 is hereby fixed and established as follows: Be- 
ginning at Anderson the state highway commission is authorized to establish 
such location as, in its discretion, may seem best out to the Mrs. Z. C. Ballen- 
tine place at or near the Piedmont and Northern Railroad crossing. From the 
Ballentine place to its intersection with highway No. 20 near the town of 
Williamston, the location is to follow the survey already made by the state 
highway department along or near the existing highway. 1934, XXXVIII, 
1502. 

(7) Barnwell County. — * * * The location of state highways Nos. 
3 and 78 in the town of Blackville is hereby established to follow such routes 
as the state highway department may determine. Provided, That any changes 
which the highway department may make shall not change the present roads 
and markings thereof thru the said town of Blackville ; and the highway de- 
partment shall continue to maintain the said roads. 1934 XXXVIII, 1567. 

(9) Berkeley County. — * * * The state highway department is hereby 
authorized to cooperate with the counties of Berkeley and Georgetown in the 
establishment and operation of a Ferry, with necessary road approaches 
thereto, across the Santee River on state highway No. 511 between Andrews 
and Jamestown. The state highway department is hereby specifically relieved 
of any and all liability on account of personal injury or death, or property 
damages, growing out of the establishment and operation of the ferry and road 
approaches thereto referred to herein. All statutes or parts of statutes au- 
thorizing suits against the said department on account of personal injury or 
death, or property damages, growing out of accidents on state highways are 
hereby specifically limited in their operation so as not to apply to the said 
ferry and road approaches thereto. 1934, XXXVIII, 1539. 

(11) Charleston County. — * * * The state highway department is hereby 
authorized to locate and construct a section of state highway from a point on 
state highway No. 17 near Rantowles to a point on state highway No. 17 near 
Parkers Ferry, all in Charleston County. The location and construction of 
the said highway to be established and determined by the state highway de- 
partment. The cost of constructing the said road is to be paid out of Federal 
funds made available for the said purpose, together with such funds as may 
be contributed by Charleston County for the said purpose. Whenever the 
said road shall have been constructed in accordance with the provisions here- 
of, the state highway department is authorized to maintain it, provided that 
whenever such maintenance is undertaken by the said department then the 
existing state highway connecting Rantowles and Parkers Ferry shall revert 
to the county of Charleston and the state highway department shall no longer 
be responsible for its maintenance. 1934, XXXVIII, 1430. 

(18) Dillon County. — The state highway department is hereby directed 
and required to lay out, locate, build, construct and maintain as a part of 
the state highway system a hard surface road beginning in the town of 
Dillon and running in a westerly direction from the end of the pavement on 
West Main Street in said town of Dillon and extending over and following 
the present public road leading from the town of Dillon to within proper dis- 



§ 5926 1934 Supplement 260 

tance of the F. L. Bethea Avenue, to put in a five (5) degree curve, and by 
the A. V. Bethea farm, to within four hundred feet of the Price filling sta- 
tion, and across Readdy Creek, at substantially the present public crossing, 
said road in distance not to exceed six (6) miles. The state highway depart- 
ment shall complete the construction of said highway as soon as funds which 
may be used therefor are available : Provided, That the total sum to be ex- 
pended and used by the state highway department in the laying out and con- 
struction of said highway shall not exceed the sum estimated by the highway 
department required to construct the said alternate route and overhead 
bridge, (a) The location of state highway No. 57 between Dillon and Mullins 
in Dillon and Marion Counties is hereby established to follow such route as 
the state highway department may determine between Dillon and Mullins. 
1932, XXXVII, 1211, 1225. 

Prior to 1932 amendment, the road (2nd 1932 Act amended a 1929 Act which had 

paragraph) leaving Dillon ran "over the already been amended by the Acts of 1930, 

most practicable route, following substan- page 2167. Subdivision (a) added by 1932/ 

tially the present public road leading from 1211. Except as hereinabove stated the sub- 

the town of Dillon to or near the F. L. section remains the same. 
Bethea farm." It is to be noted that the 

(23) Georgetown County. — See Berkeley Count)/ under this section. 

(27) Horry County. — * * * The state highway department is hereby 
authorized to agree with the United States Government to accept, maintain, 
replace and operate the following described drawbridges now proposed to be 
built: (a) Bridge over the intracoastal waterway on state highway no. 117 
near Socastee. (b) Bridge over the intracoastal waterway on state highway 
No. 117 near Little River, (c) Bridge over the intracoastal waterway at a 
point between Conway and Myrtle Beach where the Atlantic Coast Line Rail- 
road crosses the said waterway. The state of South Carolina hereby consents 
that the proposed drawbridge to be constructed by the United States Govern- 
ment, where the Atlantic Coast Line Railroad crosses the intracoastal water- 
way between Conway and Myrtle Beach, may be designed so as to accom- 
modate both railway and highway traffic, provided that the design shall be 
subject to the approval of the state highway department. Provided, further, 
that this said bridge shall be adequate in the judgment of the said state high- 
way department to accommodate all such state highways and county roads 
as may now or hereafter connect with the said bridge. The structures herein 
authorized to be accepted, maintained and operated by the state highway de- 
partment are to be constructed complete in place and ready for use to the 
satisfaction of the said department without cost to the state of South Caro- 
lina. 1934, XXXVIII, 1246. 

State highway No. 9, south of Loris in Horry County shall be relocated and 
shall be constructed from Loris by way of Daisy, Council Bluff and on to 
state highway No. 49. Provided, however, That the South Carolina highway 
commission is authorized and empowered to relocate highway No. 9 by using 
detour route No. 9, commonly known as Bellamy's Landing route in lieu of 
the route herein provided upon appraising said road, and paying to the county 
of Horry the value thereof if the highway department should decide there 
is any value. Provided, further, That if the route herein last provided for be 
accepted by the state highway commission such funds as is paid to the county 
of Horry under the provisions hereof shall be used in the reconstruction of 
the road by way of Loris, Daisy, Council Bluff to state hgihway No. 49. 1933, 
XXXVIII, 436. 



261 Code of Laws of South Carolina §5926 

(29) Kershaw County.—* * * That part of section 5926 of the Code 
of 1932 establishing the location of highway No. 97, leading into Camden is 
hereby repealed, and the state highway department is hereby authorized to 
establish the location of the said section of highway No. 97 as in its judg- 
ment may appear proper. 1934, XXXVIII, 1214. 

The location of state highway No. 97 in Kershaw County is hereby estab- 
lished to follow such route as the state highway department may determine, 
provided that the said road shall intersect state highway No. 521 approxi- 
mately one-half mile north of the S. A. L. Railway where the said railway 
crosses the said highway No. 521, and shall proceed from the said intersection 
in a straight line for a distance of approximately one-half mile to a point on 
or near the existing old highway No. 97 and from that said point approxi- 
mately three quarters of a mile to a point on the location survey shown on 
plans approved by the state highway department November 20, 1933. The 
location for state highway No. 97 established herein shall not serve to prevent 
the use of such curves as the state highway department may deem necessary 
at the ends of the required straight lines. Provided, further, That this shall 
be subject to the interpretation of the state highway department, and the 
location established by the said department pursuant to the provisions hereof 
is hereby authorized. Any amount of money paid by the state highway de- 
partment in excess of $300.00 for rights-of-way acquired pursuant to the pro- 
visions of this act shall, upon demand of the highway department, be reim- 
bursed to the department by the county board of directors of Kershaw County. 
1934 XXXVIII, 1573. 

(31) Laurens County. — * * * The location of state highway No. 7 in 
Laurens County from Clinton toward Whitmire is hereby established to fol- 
low that certain route laid out by the state highway department and con- 
templated to be constructed pursuant to a construction contract between the 
said department and the Boyle Road and Bridge Company, executed January 
9, 1934, including that part of the said route lying within the corporate 
limits of the city of Clinton ; and in Greenwood County, state highway No. 10 
from Greenwood to Saluda River is dropped from the state highway system 
and the Callison Highway, from Dixie Highway to the McCormick County line, 
approximately 10 to 12 miles in length, is hereby substituted in the state high- 
way system, in lieu of that part of highway No. 10 above dropped from the 
said system. Neither the provisions hereof nor of any existing law that de- 
scribes the location of the said route shall serve to prevent the state highway 
department from making such reasonable and necessary changes in the loca- 
tion of highway No. 7 in Laurens County as in the judgment of the said de- 
partment would facilitate traffic or effect desirable economies in cost. 1934 
XXXVIII, 1541. 

(34) Marion County. 

See subdivision A to subsection 18 of this section. 

(35) Marlboro County. — * * * — (a) The state highway department is 
hereby authorized to establish the location of state highway No. 9 between 
Bennettsville and Cheraw in Marlboro County along such route as the said 
department may determine. 1932, XXXVII, 1305. 

(b) The state highway department is hereby authorized and directed to 
abandon as a part of the state highway system a road in Marlboro County 
beginning at a point approximately five miles southeast of Bennettsville on 



§ 5928 1934 Supplement 262 

U. S. route 401 and running in a southeasterly direction to intersection with 
route 38 at Blenheim, known as section of state route No. 381, and to sub- 
stitute in lieu thereof a road in Marlboro County beginning at a point on 
route 9 approximately two miles northwest of Bennettsville and extending to 
the North Carolina-South Carolina State line at or near state route 98 in the 
direction of Hamlet, N. C, approximately thirteen (13) miles in length, Pro- 
vided, That nothing herein shall serve to increase the construction apportion- 
ment of Marlboro County. 1933, XXXVIII, 262. 

(c) The state highway department be, and the same is hereby, authorized 
and empowered to relocate state route No. 381, between the towns of Mc- 
Coll and Clio, in Marlboro County, wherever in the opinion of said depart- 
ment re-location is or may become necessary in order for said road to qualify 
for ultimate completion with federal aid funds ; Provided, That no relocation 
shall remove from the state highway system any part of said road between 
the towns of Clio and McLauren's Cross Roads, but should any part of said 
section of road between Clio and McLauren's Cross Roads be re-located in 
accordance with the provisions hereinbefore set forth, the present road from 
Clio to McLauren's Cross Roads shall be and remain a part of the state high- 
way system. 1934, XXXVIII, 1546. 

(38) Orangeburg County. — * * * — (a) State highway No. 46 in Orange- 
burg County be relocated so that the same will pass through the town of Eu- 
tawville, in said county, and from the town run practically in a direct course 
to a point in the boundary line between Orangeburg and Berkeley Counties 
at or near the point where the present highway No. 46 crosses the said boun- 
dary line. The exact location of the same, however, is left to the judgment 
and discretion of the state highway commission ; Provided, That the same 
shall pass through the town of Eutawville: Provided, further, That the sec- 
tion of state highway 46 herein authorized to be relocated shall be constructed 
as an earth type road by Orangeburg County without cost to the state high- 
way department: Provided, further, That the section of the present highway 
being abandoned shall hereafter be a public road in Orangeburg County and 
be maintained as such by the said county. 1932, XXXVII, 1351. 

(44) Sumter County. — * * * The state highway department is hereby 

authorized and empowered to locate or relocate U. S. highway 76 through the 

town of Mayesville as in its judgment it may deem proper. That portion of 

paragraph 44, chapter 126, volume III, Code of Laws 1932 as relates to the 

location of route 76 through the town of Mayesville and federal aid project 

No. 2, section 4 is hereby repealed. 1934, XXXVIII, 1542. 

Paving of Highways. — The following of construction on all the streets or ways ; 
from 13 R. C. L., 372 was approved in Mc- neither do new and unexpected uses, re- 
Donald v. State Highway Department, — quiring great changes, impose upon the 
S. C, — , 164 S. E., 921 : "No legal duty to municipality the duty of at once recon- 
pave with a particular material, or in a structing the street or alley to suit the 
particular method, is imposed by law ; nor use." 
is there any legal obligation for uniformity 

§ 5928. Reimbursement to Counties for Hard Surface Roads. 

Mandamus. — Writ of mandamus was is- Supreme court has jurisdiction to enjoin 

sued requiring State Highway Department clerk and treasurer of Conway from ming- 

to appraise and reimburse town for paving ling with general funds of the town more 

it. had laid on street now included in State than one-half of the sums of money here- 

Highway System. Town of AVest Green- after to be paid the town under the reim- 

ville v. Jones et al., 161 S. C, 186, 159 S. E., bursement agreement with state highway 

551. department, and from disbursing the re- 



263 Code of Laws of South Carolina § 5973-1 

maiuder to other than property owners Funds Paid to Towns not to be shared 

assessed for the paving. Little v. Town of by abutting property owners unless ex- 
Conway, 171 S. C. 27; 171 S. B. 447. pressly provided in statute. Id. 

§ 5930. Construction of Terms. 

See note captioned "Paving of Highways," under § 5926. 

§ 5938. Terms of Bonds — Execution — Delivery — Sale. 

Powers of Legislative Delegation. — Renewal of Notes by Supervision. — 

Under this section the senator and at least County supervisor has no authority under 

one-half of members of the delegation may this section to renew notes ; although he 

prescribe the form, denominations and how had authority to issue original notes. Bank 

the bonds shall be executed ; however they v. Union County, 162 S. C, 359, 160 S. E., 

have no authority to issue bonds. Bank v. 733. 
Union County, 162 S. C, 359, 160 S. E. 733. 

§ 5846-1. Levy Tax on Property of Any County to Pay Certain Highway 
Reimbursement Obligations Paid by State Highway Department. — Where any 
county has issued and sold bonds for highway purposes pursuant to law and 
a reimbursement agreement with the state highway commission, and the ma- 
turities, both as to principal and interest, of said bonds issued and sold by 
such county are to be paid, or were to have been paid, jointly in advance of 
or at the time of maturity, by the county and the state highway commis- 
sion, and the county has not paid or does not pay, when due, its portion or 
pro rata of the amount of the obligations, both as to principal and interest, 
the state highway commission, or department, is hereby authorized and em- 
powered to make payment in full of any maturity, both as to principal and 
interest, on behalf of the county and the state highway commission. In any 
case where the state highway commission or the highway department has 
heretofore paid, or shall hereafter pay, the portion or pro rata amount for 
and in behalf of any county, the comptroller general is hereby authorized and 
directed to require the county auditor to levy, immediately, a tax on all the 
taxable property in such county as may be necessary to provide a sum of 
money sufficient to refund the highway department for the reimbursement 
payment, both as to principal and interest, heretofore or hereafter made by 
said department for and in behalf of said county on account of said county's 
portion or pro rata of such reimbursement payments.' The county auditor is 
hereby authorized and directed to levy such tax as may be required by the 
comptroller general pursuant to the provisions hereof and the county treasurer 
is hereby authorized and directed to collect said tax and remit its proceeds 
to the state treasurer who shall apply said proceeds solely to the purpose of 
refunding the state highway department as herein provided. After payment 
by the highway department of the portion or pro rata amount of any reim- 
bursement heretofore due, or hereafter becoming due, by any county, the 
highway department shall certify the amount of the payment, or payments, 
to the comptroller general, which amount shall be levied, assessed, collected, 
paid and refunded as herein provided. It is not the intention and purpose 
hereof to transfer to any county the responsibility for raising and paying any 
amount which the state highway commission is required by law or reim- 
bursement agreement to assume and pay on behalf of such county. 1933, 
XXXVIII, 518. 

This section added by 1933/518. 

§ 5973-1. Refinance Certain State Highway Obligations— Limitations.— 
Notwithstanding anything to the contrary contained in articles 1 and III, 
chapter 127, Code of Laws of South Carolina, 1932, state highway certificates 



§ 5973-2 1934 Supplement 264 

of indebtedness to be issued pursuant to this section for the purpose of re- 
tiring any of the $5,000,000.00 notes of the state dated July 15, 1932, and 
maturing February 15, 1933, issued pursuant to the provisions of articles I 
and III, chapter 127, Code of Laws of South Carolina, 1932, or for the pur- 
pose of retiring any notes issued to extend the time of payment of the in- 
debtedness represented by said notes, shall be dated February 15, 1933, shall 
bear interest from their date at the rate of six (6%) per centum per annum, 
payable semi-annually, and shall mature on February 15, 1933, but shall be 
redeemable at the option of the state on any interest date prior to their ma- 
turity, at par and accrued interest, upon notice published one or more times 
at least thirty days prior to the date upon which such redemption before 
maturity is to be made, in a newspaper published in the city of Columbia and 
in a financial journal published in the city of New York. The Governor and 
the state treasurer are hereby authorized to exercise, on behalf of the state, the 
right and option hereby reserved to call in and redeem any of said certificates 
of indebtedness before maturity, and to cause notice of intention to make 
such redemption to be published as herein required. If less than all of the 
certificates of indebtedness referred to in this section are called for redemp- 
tion on any interest date before maturity, the particular certificates to be 
so called and redeemed shall be chosen by lot by the Governor and state 
treasurer. Before any of the certificates of indebtedness referred to in this 
section are issued, the state highway commission or the chief highway com- 
missioner shall transmit to the Governor a written request for the issuance 
thereof, as provided in section 5947, chapter 127, Code of Laws of South 
Carolina, 1932, and they shall not be issued unless the matters and things 
required by said section of said code to appear to the satisfaction of the 
Governor, before the issuance of certificates of indebtedness, do appear to 
the satisfaction of the Governor from the said written request. The said 
written request shall be deemed and treated as submitted in substitution for 
the written request heretofore transmitted to the Governor for the issuance of 
the state highway certificates of indebtedness in anticipation of which the 
said $5,000,000.00 of outstanding notes were issued. Until the said $5,000,- 
000.00 of outstanding notes are retired by the issuance of certificates of in- 
debtedness as herein provided, they may be renewed from time to time by 
the issuance of new notes bearing interest at the rate of six per centum (6%) 
per annum. In lieu of selling the certificates of indebtedness and renewal 
notes referred to in this section, it shall be lawful for the Governor and state 
treasurer to issue said certificates of indebtedness or notes in exchange for 
a like unpaid principal amount of the notes to be retired or renewed thereby. 
All of the provisions of articles 1 and III of chapter 127, Code of Laws of 
South Carolina, 1932, not inconsistent with this section shall apply to cer- 
tificates of indebtedness and notes issued as herein provided. 1933, XXXVIII, 
58. 

This section added by 1933/58. 

§ 5973-2. Issuance of Certificates of Indebtedness Retire certain Obliga- 
tions of State Highway Department. — Notwithstanding anything to the con- 
trary contained in this chapter, state highway certificates of indebtedness 
referred to in article I of this chapter may be issued for the purpose of re- 
tiring notes or other written evidences of obligation heretofore issued by the 
state highway department to contractors and furnishers of road materials or 
services, or for the purpose of retiring obligations issued to renew such notes, 



265 Code of Laws of South Carolina § 5973-3 

or other written evidences of obligation, provided such notes or other written 
evidences of obligation were issued pursuant to Act 601 of the Acts of 1932 
(37 Statutes at Large, page 1123). The amount of such state highway cer- 
tificates of indebtedness so issued shall not exceed the amount of the notes 
or other obligations to be retired thereby. State highway certificates of in- 
debtedness so issued shall be of the denomination of one hundred ($100.00) 
dollars or a multiple thereof, and shall bear interest from their date at a rate 
not exceeding six per centum (6%) per annum, payable semi-annually, and 
shall mature twenty years after their date, but shall be redeemable at the 
option of the state on any interest date prior to their maturity, at par and 
accrued interest, upon notice published one or more times at least thirty days 
prior to the date upon which such redemption before maturity is to be made, 
in a newspaper published in the city of Columbia and in a financial journal 
published in the city of New York. The Governor and the state treasurer 
are hereby authorized to exercise, on behalf of the state, the right and option 
hereby reserved to call in and redeem any of said certificates of indebtedness 
before maturity, and to cause notice of intention to make such redemption to 
be published as herein required. If less than all of the certificates of indebted- 
ness referred to in this section are called for redemption on any interest date 
before maturity, the particular certificates to be so called and redeemed shall 
be chosen by lot by the Governor and state treasurer. Before any of the 
certificates of indebtedness referred to in this section are issued, the state 
highway commission or the chief highway commissioner shall transmit to the 
Governor a written request for the issuance thereof, as provided in Section 
5947, and they shall not be issued unless the matters and things required by 
said section of said Code to appear to the satisfaction of the Governor, before 
the issuance of certificates of indebtedness, do appear to the satisfaction of 
the Governor from the said written request. In lieu of selling the certificates 
of indebtedness and renewal notes referred to in this section, it shall be law- 
ful for the Governor and state treasurer to issue said certificates of indebted- 
ness or notes in exchange for a like unpaid principal amount of the notes or 
other obligations to be retired thereby. All of the provisions of articles I 
and III of chapter 127 not inconsistent with this section shall apply to cer- 
tificates of indebtedness and notes issued as herein provided. 1934, XXXVIII, 
1613. 

This section added by 1934/1613. 

§ 5973-3. Issuance of Certificates of Indebtedness and Reimbursement Ob- 
ligations by State Highway Department Restricted — Duration. — Save and ex- 
cept the certificates of indebtedness authorized to be issued under the pro- 
visions of § 5973-2, the further issuance of certificates of indebtedness under 
authority of chapter 127, and the further issuance of reimbursement obliga- 
tions under the provisions of other laws are hereby limited to the aggregate 
principal indebtedness of the state highway department on account of high- 
ways, including the reimbursement obligations of the highway department, 
as well as the direct highway obligations of the state, outstanding on the 
first day of January 1934, so that the aggregate principal indebtedness of the 
highway department shall at no time hereafter exceed the said aggregate 
principal indebtedness for which the said department is directly or indirectly 
responsible as of the first day of January 1934. This section shall not serve 
to prevent the refinancing of any outstanding state highway obligations, nor 



§ 5975 1934 Supplement 266 

shall this section be effective after the first day of January 1939. 1934, 
XXXVIII, 1613. 

This section added by 1934/1613. 

§ 5975. Advertisement of Letting- of Contract or Purchase. 

Terms Mandatory. — This statute is man- the highway department is void. Pennell & 
datory, and unless the terms thereof are Harley v. Hearon, 169 S. C, 16 ; 168 S. E. 
strictly complied with, any contract with 188. 

§ 5981-1. Notes Not Used to Finance New or Proposed Construction Con- 
tracts — Sale — Interest. — Any notes of the state of South Carolina hereafter 
issued pursuant to the authority conferred by § § 5947-5981 may bear such 
rate of interest, not exceeding seven per cent. (7%) per annum, payable 
semi-annually, as may be determined by the Governor and the state treasurer 
and may be sold after publication of notice of sale one or more times at least 
two days before such sale in a newspaper or newspapers of general circula- 
tion in the state of South Carolina, notwithstanding anything to the contrary 
in said sections : Provided, That moneys derived from the sale of notes herein 
authorized shall not be used for the purpose of financing new or proposed 
construction contracts. 1932, XXXVII, 1629. 

This section is new. 1932/1629. 

§ 5989. Applications of Minors. — The application of any minor, fourteen 
(14) years of age or above, for a driver's license shall not be granted unless 
such application is signed by both father and mother of the applicant, if both 
father and mother are living and have custody of the applicant ; otherwise, 
by the parent, guardian or other person having custody of such minor or by 
the employer of such minor. 1933, XXXVIII, 214. 

By 1933/214 "fourteen (14) years" was substituted for "twelve (12) years" line one. 

§ 5995. Lost or Destroyed License — Fee for Duplicate. — If any driver's 

license issued under the provisions of this chapter shall be lost or destroyed, 

the person to whom the same was issued shall submit proof satisfactory to 

the motor vehicle division that such original license was lost or destroyed and 

shall obtain within thirty (30) days after such loss or destruction a duplicate 

license and for each such duplicate license so issued there shall be charged 

and collected the sum of fifty (50) cents. 1933, XXXVIII, 554. 

§ 5995, 1932 Code, repealed by 1933/554. ing act. 
present § 5995 comes from the said repeal- 

§ 5996. Cause or Causes to Revoke License — Investigation — Procedure — 
Admission as Evidence — Report Revoked Licenses. — * * * (7) Department 
Report Monthly Revoked Driver's Licenses — Publication. — On or before the 
fifteenth day of each and every calendar month the state highway department 
is hereby authorized and directed to prepare a report showing all driver's 
licenses suspended or revoked by said department during the calendar month 
next preceding and to furnish such report to the press, and in each case this 
report shall show the name and address of the person whose driver's license 
was suspended or revoked and the cause therefor. Any newspaper or other 
periodical is hereby authorized and empowered to publish the reports herein 
required to be made and published by the state highway department and the 
publication thereof by any such newspaper or other periodical is hereby ex- 
pressly declared to be non-libelous ; provided such report is published in fulL 
1934, XXXVIII, 1217. 

Subsection 7 added by 1934/1217. 



267 Code of Laws of South Carolina § 6010-1 

§ 5997-1. Unlawful for Owner Cause or Permit Any of Certain Persons to 
Operate Motor Vehicle without License — Non-Residents. — It shall be unlawful 
for any person to cause or knowingly permit his or her child or ward under 
the age of fourteen (14) years, or any employee, to drive a motor vehicle 
upon any public highway, road or street in this State, unless such child, ward, 
or employee shall have first obtained a license to drive a motor vehicle and 
it shall be unlawful for any person to rent for hire a motor vehicle to be 
operated by any person who does not have a current driver's license or, in 
the case of a non-resident, who has not been licensed to drive a motor vehicle 
under the laws of his resident State or country, if the laws of his resident 
State or country so require. 1933, XXXVIII, 214. 

This section added by 1933/214. 

§ 6010-1. Rural Electrification under State Control. — (1) Short Title. — 
This statute shall be cited as "The South Carolina State Rural Electrification 
Act." 

(2) Definitions. — When used in this statute and unless otherwise required 
by the context: The term "department" is meant to designate the South Caro- 
lina highway department; the term "district" to designate any of the several 
subdivisions of the State, established as judicial circuits, to which in territory 
it may correspond, and which as such are termed herein a "public utility dis- 
trict;" "project," to designate any separate electric distribution line con- 
structed under authority of this statute. 

(3) Intent. — It is hereby declared to be the intent of this statute to procure 
as far as practicable an abundant and cheap supply of electric light and power 
for the use of the department for traffic improvement and maintenance of 
the state system of highways and to obtain, as incidental thereto and in con- 
nection therewith, service of light, heat and power for the industries and 
homes of the farmers of the State under the most economical conditions. 

(4) Public Utility Districts. — To this end the several judicial circuits 
constituting the system forming the department are hereby declared to be, 
and the same are hereby created, each, a municipal corporation for carrying 
into effect the aforesaid stated purposes under the style of public utility dis- 
tricts, and this statute shall be broadly construed to this end. 

(5) Department's Jurisdiction. — The said utility districts, as such, are 
hereby placed under jurisdiction of the department insofar as applies to the 
execution of duties devolved upon it under this statute and any subsequent 
provisions of law relating to rural electrification as a policy of administration 
by the state government, to become affected as a charge upon revenues allo- 
cated by the department to its road maintenance expenditures in manner and 
extent as hereafter prescribed. 

(6) Members of Department Act as Trustees for Districts. — Each public 
utility district shall be represented in the department by the member thereof 
from such subdivision of the state in the capacity as trustee ex officio of his 
district, corresponding to the judicial circuit from which as its representa- 
tive, he has been appointed as a member of the state highway department. 

(7) State Board of Public Utilities. — The department, so constituted as 
the highway department, shall constitute a state board of public utilities for 
the execution of duties devolved upon it herein, as incidental to its functions 
of maintenance of the state highway system. Notwithstanding and neverthe- 
less, in so styling the state highway department as the state board of public 



§ 6010-1 1934 Supplement 268 

utilities it is not intended, or to be so taken as the intent under this statute, 
or otherwise, to constitute an additional office or agency of government, or 
to require the said department to perform functions other than as pertaining 
to duties hitherto and hereafter devolved upon it by laws relating to the state 
highway system. The function of rural electrification hereby placed within 
its operation is expressly declared to be incidental thereto and not a distinct 
and separate mode of administration or of duplication of offices and officers 
of the State. 

(8) Compensation of Trustees. — As trustee ex officio upon said board of 
public utilities no member of the department shall either receive or accept 
additional salary or other form of compensation for expenses incurred in 
the performance of his duties as such trustee, from any public funds, or 
otherwise, in acting under control of the department in matters pertaining 
to the development and management of electrification of state highways. 

(9) Construct, Maintain and Control Lines to Light Highways — Pur- 
chase Current. — The department may construct, maintain and control alony 
any section of its system of public roads, where deemed economically prac- 
ticable, in its judgment, for improvement of traffic, a line or lines of suitable 
voltage and capacity of electrical energy as an advantageous method of light- 
ing bridges, signals of detours, cross-roads, junctional points, curves, places 
of dangerous road conditions ; and for the betterment of traffic in general. 
For such and other purposes as may be set forth and prescribed, the depart- 
ment is hereby authorized and directed to purchase electric current, to be 
delivered into any project under its direction. 

(10) Electrical Utilities Sell and Deliver Current. — Any corporation 
authorized under the laws of this State to supply electric current to the 
public for light, heat or power, or any of them, shall sell and deliver, and 
is hereby required to so sell and deliver at its generating station, or at any 
point at or on its transmission lines, electric current to the department on 
its demand; and shall, for the purpose of such delivery, install at the fair 
and reasonable cost to the department on its demand suitable substations, 
switches, transformers, and other like and unlike apparatus as the depart- 
ment shall by its rules and regulations prescribe. 

(11) Adopt Rules and Regulations — Enforcement. — The department is 
hereby authorized to adopt and enforce such rules and regulations in its con- 
duct of establishing a system of state-wide rural electrification as may be 
deemed necessary, convenient and advantageous to effect such policy and 
purpose. 

(12) Make Surveys — Scope.- — It shall be the duty of any district trustee, 
member of the department, upon his own motion or upon petition of citizens 
of the district represented by himself in the board of public utilities of the 
State, to move the department (a) to cause to have a survey made by a com- 
petent engineer in the service of the department of its engineering division, 
of the electric utilities division of the potential relationship, economically con- 
sidered, to the state highway system of said district of any such proposed 
project of electric distribution as in a manner intended to be established 
under terms of this statute ; (b) To devise plans and draft maps showing 
what part of the rural territory involved may be served; (c) To estimate cost 
involved in such project, the extent in mileage, and number of potential con- 
sumers on said line of extension of distribution of current; (d) And other 



269 Code of Laws of South Carolina § 6010-1 

details in general as deemed by the department to be essential or expedient 
to determine in taking action thereon to enable the public concerned to con- 
nect with the highway electric distribution system under control and opera- 
tion of the department. 

(13) Projects — Construction and Maintenance — Cost — -Funds Depart- 
ment May Use — Regulate Traffic "With Current. — If approved it shall be- 
come the duty of the department to supervise and/or construct the line or 
lines necessary to the project. As essential equipment for improvement of 
traffic facilities of lighting public highways under its control, the cost of 
maintenance and operation shall be assigned to road maintenance expendi- 
tures, and allocated to the utility district in which such project is established : 
Provided, That the department shall allocate to and divide among itself and 
the customer-consumers of electric power transmitted over any given line the 
costs and expenses of maintaining and controlling such lines according to 
the unit of electric power used and consumed by each, the department itself 
being considered a customer-consumer in the distribution and allocation of 
such costs and expenses. It is expressly understood, nevertheless, and so de- 
clared to be the intent of this statute, that the department shall in no wise 
charge, use, expend, impair or in any manner whatsoever divert public funds 
constituting revenues accruing to the department and, as such, pledged to 
be so expended under the credit and good faith of the State solely for pur- 
poses set forth by the Act of 1929, (act number 297), entitled "An Act to 
Provide for the Construction and Maintenance of a State Highway System." 
But such revenues only are designated and authorized to be expended by 
the department as may be provided otherwise and be paid over to the depart- 
ment and by it expended to establish a system of rural electrification under 
State control : Provided, however, That if upon the establishment of any part 
of the electric system it shall be deemed expedient to utilize the same in 
marking suitable directions for travel and regulating the traffic along the 
state highway system the department shall control and maintain the distribu- 
tion lines so constructed upon the highways under its jurisdiction, and the 
expense thereof shall become proper charges upon maintenance costs in the 
upkeep of the roads. 

(14) Public May Connect With System — Rates — Service. — As incidental 
to operation of said highway lighting system the department is also authorized 
and directed to make connection of its highway distribution system with 
consumers of current, to be sold and delivered upon terms, conditions, and 
rates regulated and determined by the department, with approval by the 
railroad commission, and perform service in such distribution of rural elec- 
trification to the people of the state in the several public utility districts at 
charges sufficient to reimburse the department for such service, whether per- 
formed by contract of the department with private utilities to perform such 
service or by its own employees, engaged in the upkeep of the highway lines. 

(15) Contracts for Construction, Maintenance, Operation or Service 
for Lines. — Any private or public electric utility corporation operating in the 
state may contract with the department for the construction, maintenance and 
operation, or any of them, of any or all lines of distribution of current upon 
the highways of the State system of public roads, and for any other form 
or manner of technical utility electric service including individual customer 
needs therefor, upon the approval of the railroad commissioner. 

18— S. C. C 



§ 6010-1 1934 Supplement 270 

(16) Cost to Customer-Consumers — Prerequisites to Construction or 
Contracting for Current. — It is hereby declared and stipulated that, to estab- 
lish the net cost of current and service of distribution in its system of control 
of the rural electrification policy of the state, the department shall be au- 
thorized to contract with its customer-consumers on a basis of delivery of 
electrical energy at actual true cost plus an excess not less than five percen- 
tum; the said excess cost charge to be deemed an additional charge for 
amortization of highway line original construction cost. And the department 
shall construct no electric line under the provisions of this statute, nor shall 
it contract with any power company for the distribution of electric current 
at the expense of the department or the state of South Carolina, until the 
survey provided for in subsection 12 of this Act shall have been made and 
it shall have been ascertained that sufficient current can be sold to customer- 
consumers at such a rate per kilowatt hour as will within a reasonable time 
retire the original construction cost as well as the cost of maintenance and 
the cost of current supplied to the department for lighting highways on such 
lines so that neither the department nor the state shall be put to any cost 
for construction, maintenance or lighting of any line, for which the depart- 
ment of the state will not be reimbursed. 

(17) Contract With Certain Political Bodies — Engineer — Utilize Ser- 
vices of Railroad Commission. — The department is hereby authorized to enter 
into contract with the United States government, or any state, municipality 
or agency thereof, to affect any of the powers herein or hereafter authorized ; 
and may designate any competent engineer to direct its electrical functions. 
Under its direction and control and at its proper charges the department 
shall also, with approval of the chairman of the railroad commission, utilize 
the services of the electrical utilities division, and employ and utilize the 
services of the state rural electrical engineer to direct the duties of the de- 
partment insofar as may be practicable and to serve as its contact-representa- 
tive with the people of districts desirous of forming connection with the light 
and power system of the department. 

(18) Saving Clause — Construction — Effect on Public-Utility Owned 
Systems and Municipal Distributing Systems. — Adjudication of invalidity 
of any subsection or clause of this statute shall not impair or otherwise 
affect the validity of the statute as a whole or in any part thereof. 
The rule of strict construction shall have no application to this statute, but 
the same shall be liberally construed in order to carry out the purposes and 
objects for which it is intended. No public-utility owned system shall be 
affected by the provisions of this statute otherwise than as so stipulated herein, 
nor shall any municipal corporation owning and operating an electrical dis- 
tributing system be required to contribute any part of the cost of service to 
a district within which it is operating. 

(19) Department May Sue to Perform and Enforce Provisions. — The 
department shall have the power to bring actions, suits, or such other pro- 
ceedings at law as in its judgment may be necessary or proper to enable it 
to perform any of the duties imposed upon it by this statute, or as amended 
hereafter, and to prevent the violation by any person or corporation, public 
or private, of any of the provisions thereof. 

(20) Borrow to Provide Facilities for Establishment of System — Pledge 
Revenue. — The department shall also have power, and authority is hereby ex- 



271 Code op Laws of South Carolina § 6042-2 

pressly delegated to and vested in it, to secure from the reconstruction finance 
corporation under the federal "Emergency Belief and Construction Act of 
1932," or from any other person, firm or corporation, such sum or sums of 
money not less than one hundred thousand ($100,000.00) dollars that the de- 
partment may deem necessary to provide facilities for the establishment of 
rural electrification of the State under this statute, and to pledge to the re- 
construction finance corporation, or any other lender, such revenues as shall 
accrue under said statute ; and to enter into such contract, or contracts, as 
may be necessary effectually to obtain the use of such funds as may in the 
opinion of the department, be necessary to procure and put into operation 
the electrification system herein provided for, and to carry out the purposes 
of this statute, said contract to be executed by such officer, or officers, as the 
department may designate for that purpose. 

(21) Construct Project Only if Entire Cost Borrowed and Income 
Pledged for Payment. — No project or electric light or power line shall be 
constructed under any of the terms of this statute, unless the entire cost of 
construction shall have been borrowed from the reconstruction finance cor- 
poration or other person or firm and secured only by anticipated income from 
said project. 

(22) Report Annually to General Assembly — Contents. — At the con- 
clusion of each fiscal year the department shall compile and report to the 
general assembly (a) The number of miles of the state highway electric dis- 
tribution lines in operation at the beginning of such fiscal period; (b) The 
number of miles constructed or caused to be constructed during said period ; 
(c) The number of customers taking service off its lines of distribution; (d) 
The kilowatt hours of energy consumed during the said period both by the 
state for traffic uses and according to the classified consumption of current 
sold to the private customer; (e) And present therewith a statement of re- 
ceipts and expenditures of operations under this statute, during the preceding 
fiscal year. 

(23) Liability of the State and Highway Department. — No tax, direct 
or indirect, shall ever be levied upon the lands of this State, nor upon the 
land of any district which may be formed hereunder, for the purpose of 
paying off, or retiring any indebtedness created under the terms hereof, nor 
shall any indebtedness created hereunder be directly or indirectly an obliga- 
tion of the state highway department, nor shall any funds of the state high- 
way department ever be used to maintain any system erected under the terms 
of this statute, nor shall any of said funds of said highway department be 
used to retire any indebtedness created hereunder, nor shall any pledge, di- 
rectly or indirectly of any income of said department be made for any of 
said purposes, nor shall the credit of the state, or of said department, directly 
or indirectly, be used to secure funds for such purpose. 1933, XXXVIII, 362. 

This section added by 1933/362. 

§ 6042-1. Savannah River Navigation Commission. 

Savannah River Navigation Commission ties, etc., of said commission the said 1932 
created by 1932/1190. For personnel, du- act should be consulted. 

§ 6042-2. South Carolina Intracoastal Waterway Commission. 

See 1934/1314 which provides for South waterway from Winyah Bay to Charleston 
Carolina Intracoastal Waterway commis- and from Charleston to Beaufort, 
sion and for right-of-way for intracoastal 



§ 6079 1934 Supplement 272 

§ 6079. Persons Exempt from Toll. — * * *. — Provided, however, That 
the provisions of this section shall not apply to any county or counties in 
this State containing a city or cities of more than sixty thousand inhabitants. 
1932, XXXVII, 1458. 

The proviso was added by 1932/1458. 

§ 6157. Formation of Drainage Districts — Petition. — * * *. — Provided. 
That no drainage district shall be formed and no levy of assessments and no 
bonds issued under the provisions of this chapter shall be had or done until 
an election thereon has been had under the direction of the commissioners of 
state and county elections in the county in which said drainage district is 
proposed to be formed, taxes levied or bonds issued, after giving at least 
twenty-one (21) days' public notice of such election, fully stating the territory 
to be embraced in said district to be formed, the excess amount of taxes to 
be levied or the amount of bonds to be issued, and also giving the names of 
the managers to hold such election and the place of such election. No district 
shall be formed, no taxes assessed and levied and no bonds issued unless a 
majority of the freeholders within said district owning a majority of the 
land to be embraced in said district vote in favor of the forming of said dis- 
trict, the assessment and levy of taxes or the issuance of bonds. 1932 XXXVII, 
1253. 

The above proviso added by 1932/1253. The section otherwise remains the same 

§ 6173. Levy of Assessments — Payment of Assessments on Lands of the 
State — Drainage Tax Record. — * * *. — Provided, That no drainage district 
shall be formed and no levy of assessments and no bonds issued under the 
provisions of this chapter shall be had or done until an election thereon has 
been had under the direction of the commissioners of state and county elec- 
tions in the county in which said drainage district is proposed to be formed, 
taxes levied or bonds issued, after giving at least twenty-one (21) days' public 
notice of such election, fully stating the territory to be embraced in said dis- 
trict to be formed, the excess amount of taxes to be levied or the amount of 
bonds, to be issued, and also giving the names of the managers to hold such 
election and the place of such election. No district shall be formed, no taxes 
assessed and levied and no bonds issued unless a majority of the freeholders 
within said district owning a majority of the land to be embraced in said 
district vote in favor of the forming of said district, the assessment and levy 
of taxes or the issuance of bonds. 1932, XXXVII, 1253. 

The above proviso added by 1932/1253. The section otherwise remains the same. 

§ 6175. Collection of Drainage Tax — Duties of County Treasurer — Bond. — 

* * * Provided, That upon the request of the tax payer it shall be the 
duty of the county treasurer to segregate state, county and school taxes from 
the drainage taxes or assessments and permit said taxes or assessments to 
be paid at different times. Provided, however, No additional expenses shall 
be devolved upon the state of South Carolina for printing of additional books, 
receipts or other records made necessary by this proviso and all such expenses 
shall be borne by the county: Provided, That any discount on the state's por- 
tion of the taxes collected shall be absorbed by the county so that no discount 
shall be allowed on state taxes. 1933, XXXVIII, 360. 

The above provisos added ; and the fol- such taxes at the same time that he de- 
lowing sentence omitted, "He is further di- mands and collects state and county taxes 
rected and ordered to demand and collect due on the same lands," 1933/360. 



273 Code of Laws of South Carolina § 6221-1 

§ 6176. Delinquent Drainage Taxes — Penalty. — All taxes provided for in 
this article remaining unpaid after December 31 of the year for which said 
taxes were levied shall become delinquent and bear the same penalty as now 
provided by law for delinquent property taxes, and said penalties to be re- 
troactive so as to include any which may be delinquent on the effective date 
of this section. 1934, XXXVIII, 1411. 

For penalties on delinquent taxes of At- 1932/1285. 
kins Drainage District, Lee County, see 

§ 6196. Issue Bonds — Denominations — Interest — Maturities — Execution — 
Sale — Payment. — * * *. — Provided, That no drainage district shall be formed 
and no levy or assessments and no bonds issued under the provisions of this 
chapter shall be had or done until an election thereon has been had under 
the direction of the commissioners of state and county elections in the county 
in which said drainage district is proposed to be formed, taxes levied or bonds 
issued, after giving at least twenty-one (21) days' public notice of such 
election, fully stating the territory to be embraced in said district to be formed, 
the excess amount of taxes to be levied or the amount of bonds to be issued, 
and also giving the names of the managers to hold such election and the place 
of such selection. No district shall be formed, no taxes assessed and levied 
and no bonds issued unless a majority of the freeholders within said district 
owning a majority of the land to be embraced in said district vote in favor 
of the forming of said district, the assessment and levy of taxes or the issu- 
ance of bonds. 1932 XXXVII, 1253. 

The above proviso added by 1932/1253. The section otherwise remains the same. 

§ 6204. Payment of Assessments in Full. — Any person or corporation, co- 
partnership or other parties owning land assessed for the construction of any 
canal, ditch, or other improvement under the provisions of this article, shall 
have the privilege of paying such assessment to the treasurer of the board 
of supervisors at any time on or before a date to be fixed by the board of 
supervisors and the amount to be paid shall be the full amount of the tax 
levied, less any amount added thereto to meet interest. When such tax assess- 
ment has been paid, the secretary of the board shall enter upon the drainage 
tax record opposite each tract for which payment is made the words "paid in 
full," and such tax assessment shall be deemed satisfied, and the secretary of 
the board of supervisors shall also make or cause to be made the same entry 
opposite each tract for which payment is made in the table included in the 
certificate filed in the office of the clerk of court of common pleas under the 
provisions of section 6178. Provided, That any person, firm or corporation 
owning land in Darlington, Dillon, Florence, Marion and Williamsburg Coun- 
ties or any drainage district in either of said counties, against which drainage 
taxes have been assessed or levied, may pay and discharge such taxes with 
bonds, notes or other written obligations issued by the board of supervisors 
of the same drainage district in which such land is located, pursuant to the 
provisions of this article ; and the treasurer of either of said counties is au- 
thorized and directed to accept in payment of drainage taxes such bonds or 
obligations of the drainage district in which the land is located, as may have 
matured at the time they are offered in payment of drainage taxes. 1934, 
XXXVIII, 1463. 

§ 6221-1. Electric Lighting Districts, Water Supply Districts, Fire Protec- 
tion Districts, and Sewer Districts in Unincorporated Communities. — (1) Es- 



§ 6221-1 1934 Supplement 274 

tablish — Purpose — Assess and Collect Taxes.— In order to protect the public 
health ; electric lighting districts, water supply districts, fire protection dis- 
tricts, and sewer districts may be established as hereinafter provided for the 
purpose of supplying lights, and/or water and/or providing fire protection 
and/or providing a sewerage collection system and/or sewerage treatment 
plant or plants to that portion of any county in this state which is not included 
in any incorporated village or city. Taxes may be assessed and levied on the 
taxable property located in said districts to meet the cost of said electric 
lighting districts, and/or water supjply districts and/or fire protection dis- 
tricts and/or sewerage districts as hereinafter provided. 

(2) Formation op Districts — Election Necessary — Petition. — Before 
any such districts are formed, there shall be filed with the clerk of the court 
of the county in which such districts are proposed to be located, a written 
petition signed by a majority of the resident landowners in the proposed 
district, or by the owners of more than half the land and acreage which will 
be affected by, or assessed for the expense of the proposed improvements as 
shown by the tax assessment rolls, which petition shall be accompanied b} r 
a plat showing the limits of the proposed electric lighting and/or water sup- 
ply and/or fire protection and/or sewer district. Where such proposed dis- 
trict is situated in two or more counties such petition shall be filed with the 
clerk of the court of each county wherein the district is to be located. When 
the petition is approved by the clerk of the court in which such proposed dis- 
trict is located, the clerk of the court shall call an election of the qualified 
voters of such district to vote upon the establishment of said district, and of 
the electric light and/or water supply and/or fire protection and/or sewerage 
plants. 

(3) Election on Formation — Commissioners — Election — Terms — Vacan- 
cies — Compensation — Organization — Secretary. — The clerk of the court 
shall select some place within the proposed districts for the holding of such 
election ; he shall appoint the managers thereof, and declare the result. He 
shall give notice of the time and place thereof for at least two weeks in some 
newspaper published within the county, and by posting notice thereof in at 
least three public places within the proposed district for such length of time 
unless there be no newspaper published within the county, in which event, 
the posting of the notices shall suffice. At such election, only such electors 
as return real and personal property for taxation within the district, and who 
exhibit their tax receipts and registration certificates as required in the gen- 
eral election, shall be allowed to vote. At such an election, the qualified 
voters shall vote "Yes" or "No" on the establishment of such electric light 
district and/or water supply district and/or fire protection district and/or 
sewerage district, and of the water supply, fire protection, and sewerage 
plants, and at this same election, they shall vote on the election of three com- 
missioners to hold office for a period of six years, and until their successors 
are elected and qualified, the members of the first board, however, to have 
terms of office of two, four, and six years. Thereafter a commissioner shall be 
elected at each state biennial election. As soon as practicable after the elec- 
tion, the commissioners shall meet and organize as the board of electric light 
and/or board of water supply and/or board of fire and/or board of sewerage 
commissioners, as the case may be, for said district. They shall draw by lot 
the commissioner which shall hold the two, four, and six year term respec- 
tively. At the organization meeting, they shall elect one of their number as 



275 Code of Laws of South Carolina § 6221-1 

chairman. In the event of any vacancy on the commission by death, resigna- 
tion, or otherwise, the remaining members of the Commission shall elect a 
commissioner to fill the unexpired term. The commission shall cause a copy 
of the plat showing the limits of the proposed district to be filed in the office 
of the auditor of the county in which the district is located. The commis- 
sioners shall keep a record of their deliberations and for this purpose, shall 
appoint a secretary who shall receive such remuneration as the commissioners 
may determine. The commissioners shall serve without emolument. 

(4) Powers and Duties of Commissioners. — The boards of commissioners 
of said districts shall be bodies politic and shall exercise and enjoy all the 
rights and privileges of such. They shall be vested with authority to pur- 
chase and build, or contract for building of said electric light, water supply, 
fire protection, and sewerage systems, to lease, own, or hold, and acquire aU 
necessary equipment and property for said purpose, and to operate the same ; 
and to contract with existing light and water companies and municipalities 
for light, water and fire protection or to contract and connect with existing 
sewerage systems of municipalities or towns or other districts. They may 
supply and furnish lights, water and/or provide for fire protection and/or 
provide for sewerage to citizens of said districts and may require an exact 
payment of such rates, tolls, rentals, and charges as they may establish for 
the use of lights, water, fire protection, and the sewerage plant. They are 
hereby authorized and empowered to incur bonded indebtedness, provided 
that the question of incurring such indebtedness be submitted with favorable 
results to the freeholders of such district by petition and the qualified voters 
of such district for decision, according to the requirements of the Constitution 
of this State upon the question of other bonded indebtedness. Said districts 
being created and established for the purpose of providing better sanitary 
conditions for its people, the board of commissioners of said districts shall 
have power of condemnation for such purpose in the same manner and way 
as provided for condemnation by railroad corporations in chapter 160 of the 
Civil Code of South Carolina, 1932, as now enacted or as may hereafter be 
amended. 

(5) Issue Bonds for Construction or Acquisition if Election Therefor 
Favorable — Election — Bonds. — To meet the costs of construction or acquisi- 
tion of the lighting system and/or water works system and/or fire protection 
system and/or the sewerage system, the commissioners of any district are 
hereby empowered and authorized to issue and sell and may issue and sell 
serial coupon bonds for and in behalf of the township within which the dis- 
trict is located. Such bonds to be issued serially and the last of which shall 
mature not more than twenty (20) years from the date of issue, to bear a 
rate of interest not to exceed six (6%) per cent per annum payable semi-an- 
nually at some place in the State or the office of some banking or trust com- 
pany in the city of New York to be selected by the said commissioners. The 
amount of the bonds to be issued shall be determined by the commissioners of 
the districts of such township. Provided, That the question of issuing the bonds 
authorized by this section shall be first submitted to the qualified voters of the 
said electric light and/or water supply and/or fire protection and/or sewerage 
district at an election to be held upon the writt